RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060010061
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.
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, award of the Korean Army of Occupation Medal (AOM).
2. The applicant states, in effect, that he received information from a private source that indicates that veterans who served in Korea during the period
from 3 September 1945 to 29 June 1949 are eligible to receive the AOM.
3. The applicant provides, a single page document extract titled The Hourglass/Summer 2006 and a copy of his separation document
(WD AGO Form 53-55) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 9 July 1947. The application submitted in this case is dated 10 July 2006.
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 applicants failure to timely file.
3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed record that primarily consists of the applicant's WD AGO Form 53-55.
4. The applicant's WD AGO Form 53-55 shows that after having prior service in the Army of the United States, he enlisted in the Regular Army and entered active duty on 21 June 1946. He served in military occupational specialty (MOS) 745 (Assistant Squad Leader). The separation document also shows he was assigned to Company C, 32nd Infantry Regiment, and that he served in the Pacific Theater of Operations from 27 October 1946 through 28 May 1947. Item 33 (Decorations and Citations) shows he earned the World War II Victory Medal.
5. On 9 July 1947, the applicant was honorably released from active duty (REFRAD) after completing a total of having completed 1 year, 8 months, and
4 days of active military service, of which 8 months and 11 days was served overseas.
6. The available evidence contains no indication that the applicant committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM), or that he was ever disqualified for the award by any of his active duty unit commanders.
7. During the processing of this case, a member of the Board staff researched unit history records of the 32nd Infantry Regiment. This search revealed that the 32nd Infantry Regiment, a subordinate unit of 7th Infantry Division, was deployed in Korea from 1946 to 1948.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 5-11 contains guidance on the AOM and it states the AOM is authorized for service of 30 consecutive days at a normal post of duty in a qualifying location. Sub-Paragraph (8) contains the guidance on Korea as a qualifying location for the AOM. It states, in pertinent part, that the Army of Occupation of Korea was between 3 September 1945 and 29 June 1949, inclusive.
9. Chapter 4 of the awards regulation provides guidance on awarding the AGCM. It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of entitlement to the AOM with Korea Clasp has been carefully considered and found to have merit. The applicant's separation document confirms that he was assigned to the 32nd Infantry Regiment and that he completed 8 months and 11 days of foreign service in the PTO. Unit history documents confirm his unit (32nd Infantry Regiment) was assigned for duty in Korea from 1946 to 1948. As a result, it is concluded the applicant served in Korea during a qualifying period necessary for the award of the AOM. Therefore his record should be corrected at this time to add the AOM with Korea Clasp.
2. Lacking any derogatory information, or a formal disqualification from any of the active duty unit commanders, it is concluded the applicants honorable active duty service from 21 June 1946 through 9 July 1947 qualifies him for the first award of the AGCM. Thus, it would also be appropriate to award it to him at this time.
BOARD VOTE:
___WFC_ __EEM__ __RMN _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 showing his entitlement to the Army of Occupation Medal with Korea Clasp; by awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 21 June 1946 through 9 July 1947; and by providing him a correction to his separation document that includes these awards.
_____William F. Crain____
CHAIRPERSON
INDEX
CASE ID
AR20060010061
SUFFIX
RECON
NO
DATE BOARDED
2007/03/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1947/07/09
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON
Auth of Sec of War
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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