IN THE CASE OF:
BOARD DATE: 23 January 2009
DOCKET NUMBER: AR20080017081
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 of Occupation Medal with Korea Clasp and the Good Conduct Medal.
2. The applicant states that he believes these medals should have been awarded to him.
3. The applicant provides a letter, dated 18 August 2008, from the National Personnel Records Center, St. Louis, Missouri; a Separation Qualification Record; a WD AGO Form 53-55 (Enlisted Record and Report of Separation); an Honorable Discharge Certificate; and excerpts on the Army of Occupation Medal during World War II and the Good Conduct Medal 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 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 applicants 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 enlisted on 29 June 1946. He served in the Pacific Theater of Operations from 29 October 1946 through 30 October 1947 and was honorably discharged on 21 November 1947.
4. Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to the 54th Military Police Company. His WD AGO Form 53-55 does not show the Army of Occupation Medal with Korea Clasp or the Good Conduct Medal as authorized awards.
5. In support of his claim for the Army of Occupation Medal with Korea Clasp, the applicant provided a copy of his Separation Qualification Record which shows he served as a military policeman in Korea with the 54th Military Police Company. This record also shows that he served as a military policeman for
11 months.
6. There are no orders for the Good Conduct Medal in the available records.
7. 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, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.
8. Army Regulation 600-68 (Personnel/Good Conduct Medal), in effect at the time, stated, in pertinent part, that the Army Good Conduct Medal might be awarded for exemplary behavior, efficiency, and fidelity to each enlisted man of the Army of the United States who on or after 27 August 1940, had or should have completed 3 years of active Federal military service or after 7 December 1941, or had or should have completed 1 year of continuous active Federal military service while the United States was at war.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Separation Qualification Record which shows he served as a military policeman in Korea with the 54th Military Police Company is accepted as sufficient evidence on which to base award of the Army of Occupation Medal with Korea Clasp in this case.
2. Since the applicants service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ ____x____ ___x_____ 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 adding the Army of Occupation Medal with Korea Clasp on his WD AGO Form 53-55.
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 Good Conduct Medal.
______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) AR20080017081
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017081
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017807
The applicant requests, in effect, award of the Bronze Star Medal based on his Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Ribbon; b. awarding him the Bronze Star Medal effective...
ARMY | BCMR | CY2008 | 20080011498
The applicant requests correction of his Enlisted Record and Report of Separation (WD AGO Form 53-55) to show the time that he served in Company M, 75th Infantry Battalion, 290th Infantry Regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his WD AGO Form 53-55 for the period ending 9 November 1945 to show that he was awarded the Bronze Star Medal and the American Campaign Medal; and b. amending his WD...
ARMY | BCMR | CY2005 | 20050017789C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 10 (Date of Birth) on his initial WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show 12 June 1929 instead of 12 June 1926. A DD Form 215 (Correction to DD Form 214), dated 3 September 1968, amended the applicant’s DD Form 214 for the period ending 8 October 1959 to show the Army of Occupation Medal...
ARMY | BCMR | CY2014 | 20140016944
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Korean Service Medal. He never served in Japan; he served in Korea for the Korean Service Medal. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2007 | 20070002359
The applicant requests correction of his military records to show award of the Army of Occupation Medal with Japan Clasp. The applicant's military records are not available for review. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2007 | 20070003458
The applicant's military records are not available for review. Therefore, his records should be corrected to show this award. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2005 | 20050003892C070206
The applicant requests, in effect, that the Army of Occupation Medal, with Japan Clasp, be removed from his WD AGO Form 53, Enlisted Record and Report of Separation – Honorable Discharge, and that the Army of Occupation Medal, with Korea Clasp, be added in its place. Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53, shows he was awarded the World War II Victory Medal and the Army of Occupation Medal, with Japan Clasp. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120009793
The applicant states: * His military records were destroyed in the fire in 1973 * He served in Nagasaki, Japan during the occupation of ground zero during World War II * His discharge document states he served in the Asiatic-Pacific Theater but nothing about where he was in Japan * He arrived in Japan on 7 April 1946 and he returned to the United States in March 1947 3. There is no evidence in the available records which shows he served in Japan or Korea. However, since his WD AGO Form...
ARMY | BCMR | CY2011 | 20110011389
The form contains the following pertinent information: * Item 6 (Organization) shows Company C, 726th Military Police Battalion * Item 7 (Date of Separation) shows 18 January 1946 * Item 30 (Military Occupational Specialty) shows Military Policeman 677 * Item 32 (Battles and Campaigns) shows Normandy and Rhineland * Item 33 (Decorations and Citations) shows the: * European African-Middle Eastern Campaign Medal with 2 bronze service stars * Army Good Conduct Medal * World War II Victory...
ARMY | BCMR | CY2006 | 20060017361
The applicant requests, in effect, correction of his military service records to show award of the Army of Occupation Medal with Japan clasp for his post-World War II service in Japan. The applicant's military service records are not available to the Board for review. This document shows, in pertinent part, that the applicant requested award of the Army of Occupation Medal with Japan clasp based on his service in Japan from 2 March 1947 through 5 April 1947.