RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          2 August 2005
      DOCKET NUMBER:  AR20040008338


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Army of Occupation Medal with Japan Clasp and the Meritorious Unit
Commendation.  In addition, he requests that Item 28 (Most Significant Duty
Assignment) of his DD Form 214 be corrected to show his unit as the 352d
Communications Reconnaissance Company instead of the 353d Communications
Reconnaissance Company, as currently shown.

2.  The applicant states that he noticed errors on his DD Form 214 when he
made application for award of the Korean War Service Medal.

3.  The applicant provides copies of:

      a. his DD Form 214;


      b. an American Red Cross Record of Blood Donations, indicating he
donated blood when he was stationed in Tokyo, Japan;


      c. the 352d Communications Reconnaissance Company Christmas, 1952,
meal menu; and,


      d. a 352d Noncommissioned Officer Open Mess membership card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 29 January 1954.  The application submitted in this case is
dated 1 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Records available to the Board were
obtained from alternate sources and consist of the documents submitted by
the applicant.

4.  The available records show that the applicant enlisted in the Regular
Army on 3 February 1951 and completed training as a Radio Telephone
Repairman.  His DD Form 214 indicates that he served overseas for a total
of 2 years and 11 days.  The exact location/s and dates of his overseas
service are not available.  The applicant returned to the United States and
was separated from the service on 29 January 1954.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following awards: the Korean Service Medal
with two bronze service stars; the National Defense Service Medal; the
United Nations Service Medal; the Republic of Korea Presidential Unit
Citation; and, the Army Good Conduct Medal.  No other awards or decorations
are listed.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army of Occupation Medal is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.
Personnel at a qualifying location as an inspector, courier, escort,
temporary or detached duty are precluded from eligibility.  Qualifying
service in Japan included service in the Japanese home islands, the Ryukyu
Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April
1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only
if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II and the Korean War.  In addition this pamphlet
shows whether or not a World War II or Korean War unit was authorized
occupation credit, thus entitlement to the Army of Occupation Medal.  This
document shows the 352d Communications Reconnaissance Company did not
receive credit for occupation duty during World War II or the Korean War.

8.  The pamphlet shows that the 352d Communications Reconnaissance Company
served in seven campaigns during the Korean War and was cited twice for
award of the Meritorious Unit Commendation.  The first award was for the
period 1 March 1951 to 29 February 1952, announced in Department of the
Army General Orders Number 62, dated 1952; the second award was for the
period 1 March 1952 to 27 July 1953, announced in Department of the Army
General Orders Number 22, dated 1954, as amended by Department of the Army
General Orders Number 62, dated 1954.

9.  Lastly, DA Pamphlet 672-1 does not show that a 353d Communications
Reconnaissance Company ever served during the Korean War.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he served in the 352d Communications
Reconnaissance Company, and not the 353d, is very plausible since the
available evidence clearly shows that he served in Korea and there is no
record of a 353d Communications Reconnaissance Company serving there.  The
entry in Item 28 of his DD Form 214 was evidently a clerical error, made
when he was out processing, and should be corrected at this time.
Therefore, he is entitled to correction of Item 28 to show the 352d
Communications Reconnaissance Company.

2.  The 352d Communications Reconnaissance Company did not receive
occupation credit while it was in Japan and there is no available evidence
to show that the applicant was assigned to a unit that did receive
occupation credit. Therefore, he is not entitled to award of the Army of
Occupation Medal with Japan Clasp, or correction of his records to show
this service medal.

3. General Orders show that the 352d Communications Reconnaissance Company
was twice awarded the Meritorious Unit Commendation.  The exact dates of
the applicant’s service with the unit in Korea are not available.  However,
the applicant did receive the Korean Service Medal with two bronze service
stars. The Red Cross Record of Blood Donations submitted by the applicant
shows he gave blood, in Tokyo, between 19 February and 14 July 1952.  As
such, he would not have arrived in Korea until after 15 July 1952, making
him eligible for only one award of the Meritorious Unit Commendation.
Accordingly, he is entitled to correction of his records to show this unit
award.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

____jrm _  ___wdp__  ___rld __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a. showing the 352d Communications Reconnaissance Company in Item 28
of his DD Form 214; and,


      b. showing award of the Meritorious Unit Commendation in Item 27 of
his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Army of Occupation Medal with Japan Clasp.




            _____William D. Powers____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008338                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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