RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   27 March 2007
	DOCKET NUMBER:  AR20060010156 


	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, that he be awarded the Army of Occupation Medal with Japan Clasp.  

2.  The applicant essentially states that he served in Japan for the required number of days per the regulation for award of the Army of Occupation Medal with Japan Clasp, and that he should be entitled to have his military records corrected to add this award.  He also states, in effect, that his unit was stationed in the Philippines, and that he was sent to Japan for more than 30 days, but the Army of Occupation Medal with Japan Clasp was not put on his separation papers. 

3.  The applicant provides travel orders, dated 8 November 1945, for the purposes of recreation and education in Sapporo, Japan, orders, dated 
5 December 1945, which released him from assignment to the 306th Infantry on or about 7 December 1945, and a letter, dated 4 April 2005, from the National Personnel Records Center and associated documents in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 February 1951, the date of his release from active duty.  The application submitted in this case is dated 12 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 applicant’s failure to timely file.

3.  The majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  

4.  The available records show that the applicant enlisted in the Army of the United States on 17 December 1940.  On 28 December 1944, he was honorably discharged for the purpose of accepting a commission as a second lieutenant and active duty in the Army of the United States.  On 29 December 1944, he was commissioned a second lieutenant in the Infantry branch of the Army of the United States, and entered active duty on that date as well.  After serving in the Asiatic Pacific Theater of Operations from 11 August 1945 to 12 December 1945, he returned to the continental United States on 24 December 1945.  On 
29 January 1946, he was honorably released from active duty.  On 6 October 1950, he again entered active duty as an officer, and served with the 306th Infantry Regiment during the Korean War.  On 5 February 1951, he was again released from active duty.  Collectively, his separation documents and Enlisted Record essentially show that he was awarded the Purple Heart, the World War II Victory Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the Korean Service Medal with Two Bronze Service Stars, the Combat Infantryman Badge [during the Korean War], the Philippine Liberation Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant essentially stated that his unit during World War II, the 306th Infantry Regiment, was stationed in the Philippines, but that he was sent to Japan for more than 30 days and therefore entitled to award of the Army of Occupation Medal with Japan Clasp.  The applicant also provided travel orders, dated 8 November 1945, for the purposes of recreation and education in Sapporo, Japan, and orders, dated 5 December 1945, which released him from assignment to the 306th Infantry on or about 7 December 1945.  However, there is no evidence in his military records that Sapporo, Japan was his normal post of duty.  Additionally, Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), which lists occupation credit for units during World War II, does not show that the 306th Infantry Regiment was awarded occupation credit in Japan.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his separation documents.

7.  The applicant’s military records do not show that he was awarded the Good Conduct Medal from 17 December 1940 to 16 December 1943.  However, his Enlisted Record shows that he served in the enlisted ranks from 17 December 1940 through 28 December 1944.  The applicant had no time lost, he attended Officer Candidate School, and was subsequently commissioned as an officer, and there in no derogatory information in his military records that would preclude 

awarding him the Good Conduct Medal for the period 17 December 1940 to 
16 December 1943.

8.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) that was issued to cover his active duty service from 
6 October 1950 through 5 February 1951 shows that he was awarded the Korean Service Medal with Two Bronze Service Stars.  However, it does not show that he was awarded the Republic of Korea – Korean War Service Medal.  It also does not show that he was awarded the National Defense Service Medal.
  
9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

10.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

11.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Army of Occupation Medal with Japan Clasp.  

2.  The fact that the applicant was in Japan between November 1945 and December 1945 is not disputed.  However, the information provided by the applicant, and the information in his military records suggests that he was only in Japan for recreation and education.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Army of Occupation Medal, there is no evidence in his military records, and the applicant failed to provide any evidence which conclusively shows that his normal post of duty was in a qualifying location for award of the Army of Occupation Medal with Japan Clasp.  Additionally, the applicant’s unit during World War II was not awarded occupation credit in Japan.  In view of the foregoing, there is no basis for awarding the Army of Occupation Medal with Japan Clasp to the applicant in this case.

3.  Evidence of record shows that the applicant served 4 years and 12 days of honorable enlisted active duty from 17 December 1940 to 28 December 1944, and there is no derogatory information in his military records that would preclude awarding him the Good Conduct Medal for the period 17 December 1940 to 
16 December 1943.  Therefore, he is entitled to award of the Good Conduct Medal for the period 17 December 1940 to 16 December 1943, and correction of his military record to show the award of the Good Conduct Medal.

4.  The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award.

5.  The applicant served more than 30 consecutive days in Korea during a qualifying period of service for award of the Republic of Korea – Korean War Service Medal.  Therefore, he is entitled to award of the Republic of Korea – Korean War Service Medal, and correction of his military records to show this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 February 1951; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
4 February 1954.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KN __  __CD ___  __EF ___  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.  awarding him the Good Conduct Medal for the period 17 December 1940 to 16 December 1943 while serving as a corporal; and

b.  awarding him the National Defense Service Medal and the Republic of Korea – Korean War Service Medal.

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 awarding the applicant the Army of Occupation Medal with Japan Clasp.  




_____Kenneth Wright________
          CHAIRPERSON




INDEX

CASE ID
AR20060010156
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
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
AR 15-185
ISSUES         1.

2.

3.

4.

5.

6.