RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      1 December 2005
      DOCKET NUMBER:  AR20050003892


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, that the Army of Occupation Medal,
with Japan Clasp, be removed from his WD AGO Form 53, Enlisted Record and
Report of Separation – Honorable Discharge, and that the Army of Occupation
Medal, with Korea Clasp, be added in its place.

2.  The applicant states, in effect, that he was never issued the Army of
Occupation Medal, with Germany or with Korea Clasp.  He served in two wars,
World War II and the Korean War, and he should be recognized for both.  He
adds that he never served in the areas outlined in Army Regulation 600-8-
22, paragraph 5-10.a. (8 and 7).

3.  The applicant provides a copy of his WD AGO Form 53-55; Enlisted Record
and Report of Separation – Honorable Discharge, with a separation date of
13 November 1945; and a copy of his WD AGO Form 53, with a separation
date of 24 July 1948, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 24 July 1948.  The application submitted in this case is dated
7 March 2005.

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 limitations 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.  Information herein was obtained
from reconstructed personnel records and information obtained from
alternate sources.

4.  Records available to the Board show the applicant was inducted into the
Army of the United States on 7 April 1943 and he entered service at Bangor,
Maine, on the 14 April 1943.  The applicant's WD AGO Form 53-55 shows that
he served in the field artillery in the military occupational specialty
(MOS) 641, Field Lineman.

5.  The evidence shows he was honorably discharged on 13 November 1945 in
the grade of Technician 5th Grade, under the provisions of AR 615-365, for
the convenience of the Government, at demobilization.

6.  Item 6 (Organization), of the applicant's WD AGO Form 53-55, shows he
served with Battery B, 107th Field Artillery Battalion, 28th Infantry
Division.

7.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the
European-African-Middle Eastern Campaign Medal, and the World War II
Victory Medal.

8.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows he departed the United States en route
to the European Theater of Operations (ETO) on 8 October 1943 and returned
to the United States on 2 August 1945.

9.  While in the ETO, the applicant participated in the Normandy, Northern
France, Rhineland, Ardennes, and the Central Europe campaigns of World War
II.

10.  The applicant enlisted in the Regular Army on 19 November 1946 at Fort
Banks, Massachusetts.  He entered service on the same date.  The applicant
served on active duty in the Signal Corps, in the MOS 442, Entertainment
Specialist.

11.  The evidence shows he was honorably discharged on 24 July 1948, in the
rank of Private First Class, under the provisions of AR 615-361, Section 1,
and was given a certificate of disability for discharge.

12.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53, shows he departed the United States en route to
the Asiatic-Pacific Theater of Operations (APTO) on 15 August 1947 and
returned to the United States on 1 June 1948.

13.  Item 6, of the applicant's WD AGO Form 53, shows he served with
Headquarters, XXIV Corps, Overhead Detachment, while he served in the APTO.

14.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form
53, shows he was awarded the World War II Victory Medal and the Army of
Occupation Medal, with Japan Clasp.

15.  Department of the Army Pamphlet (DA Pam) 672-1, Unit Citation and
Campaign Participation Credit Register, dated 6 July 1961, shows the
applicant's unit, the 107th Field Artillery Battalion, was awarded the
Meritorious Unit Commendation, for the period 30 July 1944 through 29
September 1944, by General Orders 38, Headquarters, 28th Infantry Division,
dated 19 April 1945; the Luxembourg Croix de Guerre in September 1944, by
Department of the Army General Orders (DAGO) Number 43, dated 1950; and was
awarded credit for the occupation of Germany for the period 2 May through 5
July 1945.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal, in this case, the European-African-
Middle Eastern Campaign Medal.  The regulation further provides, in
pertinent part, that a silver service star is authorized in lieu of five
bronze service stars.

17.  AR 600-8-22 states, in pertinent part, that the Army of Occupation
Medal, for the occupation of Korea, will be awarded to Soldiers who served
in Korea between 3 September 1945 and 29 June 1949, inclusive.  (Service
between 3 September 1945 and 2 March 1946 will be counted only if the
Asiatic-Pacific Campaign Medal was awarded for service before 3 September
1945.)  Paragraph 5-10.b.(1) states, in pertinent part, that Soldiers who
served in the European Theater during the occupation of Europe will wear
the clasp inscribed "Germany."  Soldiers who served in the Far East Theater
during the occupation of the Far East will wear the Clasp inscribed,
"Japan."  Clasps bearing other inscriptions are not authorized (emphasis
added).  The applicant served in the APTO from 15 August 1947 through 1
June 1948, during the qualifying period.

18.  DA Pam 672-1 shows the applicant's unit, Headquarters, XXIV Corps,
Overhead Detachment, was awarded credit for the occupation of Okinawa, for
the period 15 September through 24 October 1945; for the occupation of
Japan for the period 25 October through 4 November 1945; and for the
occupation of Korea from 5 November 1945 through 20 January 1946.  Based on
service dates recorded on the applicant's WD AGO Form 53, the applicant had
not yet enlisted in the Regular Army and was not in service on these dates.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the  APTO  during  the  period  15  August  1947
through 1 June 1948.   He  met  the  criteria  for  award  of  the  Army  of
Occupation Medal,
for the occupation of Korea.  He served there between 3 September 1945 and
29 June 1949, inclusive.  Soldiers who served in the Far East Theater
during the occupation of the Far East will wear the Clasp inscribed,
"Japan."  Clasps bearing other inscriptions are not authorized; therefore,
the awarding of a clasp inscribed with "Korea" is neither appropriate nor
authorized.

2.  The applicant's contention that the Army of Occupation Medal, with
Japan Clasp, should be removed from his WD AGO Form 53 and replaced with
the Army of Occupation Medal, with "Korea" Clasp, is without merit.  The
existent award will not be removed from the applicant's WD AGO Form 53.

3.  The applicant was awarded the European-African-Middle Eastern
Campaign Medal for his service in the ETO; however, he was not awarded
the appropriate service stars to denote his campaign participation
credit.  The applicant participated in five campaigns of World War II.
He is therefore entitled to award of a silver service star to be affixed
to his European-African-Middle Eastern Campaign Medal and to have this
silver service star added to his WD AGO Form 53-55.

4.  The applicant was a member of a unit that was cited for award of the
Meritorious Unit Commendation and the Luxembourg Croix de Guerre while
he was a member of the unit.  The applicant is therefore entitled to award
of the Meritorious Unit Commendation and the Luxembourg Croix de Guerre and
to have these unit awards added to his WD AGO Form 53-55.

5.  The applicant was a member of a unit that was awarded credit for the
occupation of Germany after World War II while he was a member of the unit.
 The applicant is therefore entitled to award of the Army of Occupation
Medal, with Germany Clasp, and to have this award added to his WD AGO Form
53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM__  _MML___  ___RGS_   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.  deleting the European-African-Middle Eastern Campaign Medal from
the applicant's WD AGO Form 53-55;


      b.  awarding the applicant one silver service star to be affixed to
his European-African-Middle Eastern Campaign Medal, to correctly denote his
campaign participation credit and, adding this award to the applicant's WD
AGO Form 53-55 as the European-African-Middle Eastern Campaign Medal, with
one silver service star;


      c.  awarding the applicant the Meritorious Unit Commendation and
adding this unit award to his WD AGO Form 53-55; and

      d.  awarding the applicant the Luxembourg Croix de Guerre and adding
this foreign unit award to item 55, of his WD AGO Form 53-55, as follows:
"Luxembourg Croix de Guerre - Unit Citation - No Emblem Authorized."

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 applicant's request to remove
the Army of Occupation Medal, with Japan Clasp, from his WD AGO Form 53.




                                  ____John T. Meixell____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003892                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT ALTERNATE/ DENY PRIMARY ISSUES    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  113                 |107.0067                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]