IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080001178 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her records to show award of the Good Conduct Medal and the Army of Occupation Medal with Japan Clasp.  She also states that the National Defense Service Medal is shown on her records, but she has not received the actual medal.

2.  The applicant states that she was stationed at Ryukyu, Japan, as an X-Ray Technician from April 1952 to May 1953.

3.  The applicant provides a copy of her DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 30 October 1953.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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 in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows she enlisted in the Regular Army for a period of 3 years in Hartford, Connecticut, on 2 November 1950, and was trained in military occupational specialty (MOS) 3264 (X-Ray Technician).  This form also shows that, at the time of her separation, the applicant was assigned to Camp Stoneman, California.

4.  The applicant's DD Form 214 shows she completed 2 years, 11 months, and 29 days of creditable military service, 1 year, 5 months, and 4 days of which was foreign service.  She attained the rank of sergeant (SGT) (Temporary) and was honorably discharged on 30 October 1953.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the National Defense Service Medal.  Item 5 does not show award of the Good Conduct Medal and/or the Army of Occupation Medal with Japan Clasp.

6.  Item 28 (Most Significant Duty Assignments) of the applicant's DD Form 214 shows she served with the 8114 Army Unit (AU), U.S. Army Hospital, Ryukyu, Okinawa, Japan. 

7.  The applicant's reconstructed records do not contain general orders awarding her the Good Conduct Medal. 

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.
9.  Army Regulation 600-8-22 (Military Awards) 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.  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.  The evidence of record confirms that the applicant served honorably during the period 2 November 1950 to 30 October 1953.  She completed 3 years of active service, nearly half of it in foreign service, and attained rank of sergeant.  Lacking any derogatory information on file that would have disqualified her, it would be appropriate to award the applicant her first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, she is entitled to correction of her records to show this award.

2.  With respect to award of the Army of Occupation Medal with Japan Clasp, there is insufficient evidence to award the applicant this award:

	a.  The applicant's DD Form 214 shows she completed 1 year, 5 months, and 4 days of foreign service.  However, it is unclear if she completed this entire period on the Island of Ryukyusah or somewhere else, such as Hawaii.

	b.  Even if the applicant did complete her entire foreign service on the Island of Ryukyusah, it is unclear what period of her military enlistment was served on that Island.  The qualifying period for the Army of Occupation Medal is 3 September 1945 to 27 April 1952.  The applicant may have served her 1 year, 5 months, and 4 days of foreign service after 27 April 1952, and would not have qualified for this award.  

Therefore, there is insufficient evidence to award the applicant the Army of Occupation Medal with Japan Clasp in this case.

3.  With respect to issuing the applicant the National Defense Service Medal, it is noted that the Army Board for Correction of Records (ABCMR) corrects records, administratively.  It does not issue medals.  Requests for replacement medals should be submitted on Standard Form 180, “Request Pertaining To Military Records,” which may be submitted online at http://www.archives.gov/ or by mail to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 643132-5100.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 November 1950 to 30 October 1953; and

	b.  showing award of the Good Conduct Medal (1st Award) in Item 27 of her DD Form 214, dated 30 October 1953.  

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 the Army of Occupation Medal with Japan Clasp.  




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001178



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ABCMR Record of Proceedings (cont)                                         AR20080001178



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