RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060015362 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 military records to show his service in Korea from 8 September 1945 to the middle of March 1946.  He further requests award of the Korean Service Medal for this service. 

2.  The applicant states that he was stationed in Okinawa with the 7th Infantry Division.  He boarded a ship for the invasion of Japan when the peace treaty was signed.  The 7th Infantry Division was then sent to Korea, landing at Inchon.  He was in Korea from September 1945 to March 1946.

3.  The applicant provides a copy of his Separation Qualification Record (WD AGO Form 100). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 March 1946, the date of his discharge.  The application submitted in this case is dated 23 October 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 applicant's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 29 June 1944.  His military occupational specialty was 745 (Rifleman).  On 29 January 1945, he departed for the Pacific Theater of Operations where he participated in the Southern Philippine and Ryukyus Campaigns.   He was twice wounded in action in April 1945.


5.   He returned to the United States on 10 March 1946.  On 31 March 1946, he was honorably discharged.

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO Form 
53-55, shows that he was awarded the Combat Infantryman Badge on 
12 July 1945.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows his awards as the Asiatic-Pacific Campaign Medal with two bronze service stars, Philippine Liberation Ribbon with one bronze service star, Army Good Conduct Medal, World War II Victory Medal, and the Purple Heart with one Oak Leaf Cluster. 

8.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.

9.  Army Regulation 600-8-22 also 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 such 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.

10.  Army Regulation 600-8-22 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.




DISCUSSION AND CONCLUSIONS:

1.  There are no available records to support the applicant's contention that he served in Korea from September 1945 to March 1946.  Furthermore, the Korean Service Medal is authorized for service in the Republic of Korea during the period from 27 June 1950 and 27 July 1954.  The applicant was no longer on active duty by this time.  Therefore, his request for award of the Korean Service Medal should not be granted.

2.  The applicant was awarded the Combat Infantryman Badge on 12 July 1945.  Therefore, he is entitled to award of the Bronze Star Medal.

3.  The evidence shows that the applicant participated in the Ryukyus Campaign. Therefore, his records should be corrected to show award of the Army Occupation Medal with Japan Clasp.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 March 1946, the date of his separation from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_DED___  __WDP__  __WFC__  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 Bronze Star Medal; and

b.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal and the Army Occupation Medal with Japan Clasp.

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 Korean Service Medal.  




_       William D. Powers________
          CHAIRPERSON




INDEX

CASE ID
AR20060015362
SUFFIX

RECON
 
DATE BOARDED
20070426 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
120.0000
2.
107.0014
3.
107.0067
4.
107.0070
5.

6.