IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007399
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 award of the Army Good Conduct Medal (AGCM) and the Army of Occupation Medal with Japan Clasp.
2. The applicant states, in effect, that he received the AGCM but it was not annotated on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The reconstructed record consists of a separation document, an honorable discharge certificate, and two copies of DA Form 1 (morning reports).
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 11 October 1951. The applicant completed basic and advanced individual training but his DD Form 214 does not show what his military occupational specialty is. The highest grade he held was corporal (CPL).
4. The applicant's DD Form 214 shows in item 26 (Foreign and/or Sea Service), that he served a total of 1 year, 5 months, and 12 days of foreign service.
5. On 30 September 1953, the applicant was honorably discharged after completing a total of 1 year, 11 months, and 20 days of active military service. The DD Form 214 he was issued shows he was awarded the Korean Service Medal with bronze service star, the Combat Infantryman Badge, the United Nations Service Medal, and the National Defense Service Medal.
6. The available evidence does not show the applicant was awarded the AGCM.
7. The applicants morning reports show he was assigned to Camp Fuji, Japan on 7 October 1952 and that he was reassigned to the Republic of Korea on
21 February 1953.
8. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the AGCM 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. The Army of Occupation Medal with Japan Clasp is for
authorized for service in the islands of Japan between 3 September 1945 and
27 April 1952.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to award of the AGCM and the Army of Occupation Medal with Japan Clasp was carefully considered.
2. The applicant provided insufficient evidence to establish a basis to support award of the AGCM. There are no general orders available to show the applicant was awarded the AGCM or that he distinguished himself by conduct, efficiency, and fidelity required for award of the AGCM.
3. The available evidence does not show the applicant served a qualifying period of service in Japan for award of the Army of Occupation Medal (Japan). Therefore, he is not entitled to correction of his records to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________X____________
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) AR20080007399
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ABCMR Record of Proceedings (cont) AR20080007399
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