RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	20 March 2007  
	DOCKET NUMBER:  AR20060011258 


	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 his deceased father's records be corrected by awarding him the Army of Occupation Medal for his service in Korea, any other unit citations his deceased father may have been entitled, and that these awards be added to the former service member's (FSM) WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge.  He also requests, in effect, that his deceased father's rank be upgraded from sergeant to technical sergeant.

2.  The applicant states, in effect, that his father was shipped to Korea from Luzon in September 1945 and served in Korea until 15 February 1946.  He also states that his father's unit was awarded two Presidential Unit Citation pins, one for the 63rd Regiment and one for the 1st Battalion.  The Department of Veteran Affairs denies that his father or the 6th Division served in Korea.  He further states that his father was a tech sergeant when he was discharged.

3.  The applicant provides copies of a letter from the Army Review Boards Agency, Support Division, St. Louis, Missouri; a letter from a Member of Congress, his father's death and marriage certificates, and his birth certificate, in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, award of the Army Occupation Medal to the applicant's deceased father. 

2.  Counsel provides copies of his letter to several veterans of the 6th Infantry Division; the FSM's WD AGO Forms 53-55, honorable discharge certificates, and separation qualification record; affidavits from several veterans of the 6th Infantry Division to include their WD AGO Forms 53-55, honorable discharge certificates, separation qualification records, and pictures; an article from the "Ernst Enquirer", dated 15 January 1946; his electronic mail correspondence to the applicant; a letter from the US Army War College and Carlisle Barracks, Carlisle, Pennsylvania; an article on the 6th Infantry Division in World War II from 1939-1945, in support of the applicant's application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 February 1997, the date his father expired.  The application submitted in this case is dated 9 May 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 FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the reconstructed personnel records and information obtained from alternate sources.

4.  The records available show the FSM was inducted into the Army of the United States on 17 March 1943.  The FSM's WD AGO Form 53-55 shows that he served in the infantry branch in the military occupational specialty (MOS) 932, Special Vehicle Operator.

5.  The evidence shows the FSM was honorably discharged on 12 March 1946, in the grade of sergeant, under the provisions of Army Regulation 615-365, for the convenience of the Government, at demobilization.

6.  Item 6 (Organization), of the FSM's WD AGO Form 53-55, shows he served with Company B, 63rd Infantry, 6th Division.

7.  Item 31 (Military Qualification and Date), of the FSM's WD AGO Form 53-55, shows the FSM was awarded the Combat Infantryman Badge, the Driver and Mechanic Badge, and the Sharpshooter Qualification Badge with Carbine Bar.

8.  Item 33 (Decorations and Citations), of the FSM's WD AGO Form 53-55, shows he was awarded the American Theater Service Medal, the Good Conduct Medal, the Asiatic-Pacific Theater Service Medal, and the  Philippine Liberation Ribbon with One bronze service star.

9.  Item 36 (Service Outside Continental U.S. and Return), of the FSM's WD AGO Form 53-55, shows he departed the United States en route to the South West Pacific Theater of Operations (SWPTO) [Asiatic-Pacific Theater of Operations (APTO)] on 17 May 1945 and returned to the United States on 12 June 1945, and he served during the Luzon campaign.

10.  Item 55 (Remarks), of the FSM's WD AGO Form 53-55, shows he was also awarded two Overseas Service Bars and the Honorable Service Lapel Button.

11.  The applicant's counsel submits a copy of a letter from the US Army War College and Carlisle Barracks, dated 29 August 2006, under which was forwarded, extracts which reflect the role of the 6th Infantry Division in the post war occupation of Japan and Korea.  The letter states that the item taken from the 69th Infantry Division in World War II 1939-1945, page 152 and the map reflects the Division's assignment to Korea for occupation duty.  Additionally, the criteria established for the award of the Army of Occupation Medal reflects that duty in Korea from 1945 to 1949 is accepted.  

12.  The applicant's counsel also submits documents for several veterans, who were members of the 6th Infantry Division, verifying the Division's assignment to Korea during the time the FSM served with that unit.

13.  Army Regulation 600-8-22, further 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, and escort on temporary or detached duty are precluded from eligibility. 

14.  Army Regulation 600-8-22, also provided, 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.  The regulation also specifies that 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.  The FSM served in Korea from May 1945 through 12 June 1945, during the qualifying period.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 6th Infantry Division was awarded the Philippine Republic Presidential Unit Citation, in recognition of participation in the war during the periods 17 October 1944 to 4 July 1945, by Department of the Army General Order Number 47, dated 1950.

18.  Army Regulation 635-5, in effect at the time, prescribed the policies and procedures regarding separation documents.  The regulation specifies that the grade, rate or rank entered, will be the active duty grade or rank and pay grade, at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the FSM's served in Korea from May 1945 through 12 June 1945.  The FSM unit, the 6th Infantry Division, was assigned to Korea for occupational duty.  Therefore, the FSM met the criteria for award of the Army of Occupation Medal, for the occupation of Korea.  

2.  The records show that the FSM was awarded the Combat Infantryman Badge during World War II.  Therefore, the FSM is entitled to award of the Bronze Star Medal based on special provisions of the awards regulation that considers award of the Combat Infantryman Badge as a citation in orders.  It would be appropriate to award the applicant the Bronze Star Medal and to add it to FSM's WD AGO Form 53-55.

3.  The records also show the FSM completed a qualifying period of service for award of the World War II Victory Medal.  The FSM was a member of a unit that was cited for award of the Philippine Republic Presidential Unit Citation.  Therefore, it would also be appropriate to add these awards to the FSM's WD AGO Form 53-55.

4.  The applicant contents that his deceased father was a tech sergeant when he was discharged.  However, the FSM's records, separation qualification record, and separation document show his highest grade held as sergeant.  In the absence of information to the contrary, it is concluded that the FSM was properly separated in the rank of sergeant.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 February 1997, the date the FSM expired; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 February 2000.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

_DKA___  _LMD___  _KAN____  GRANT FULL RELIEF 

________  ________  ________  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 awarding the applicant's deceased father, the former service member, the Army of Occupation Medal with Korea Clasp, the Bronze Star Medal based on the FSM's award of the Combat Infantryman Badge, the World War II Victory Medal, the Philippine Republic Presidential Unit Citation, and by providing the applicant a corrected separation document showing these awards.

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 correcting the former service member's records to show he was discharged in the grade of tech sergeant.




_____K. A. Newman______ 
          CHAIRPERSON




INDEX

CASE ID
AR20060011258
SUFFIX

RECON

DATE BOARDED
20070320
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.67
2.
110.00
3.

4.

5.

6.