IN THE CASE OF:
BOARD DATE: 23 June 2009
DOCKET NUMBER: AR20090003247
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 for his service in Korea.
2. The applicant states, in effect, he served in Korea for 44 days between
2 October and 15 November 1945; therefore, he is entitled to this award. He states that he was part of an advanced party for the 6th Infantry Division prior to the occupation of Korea. He further states he landed in Inchon, Korea on 2 October 1945 as an advanced combat intelligence scout and subsequently left Korea on 15 November 1945.
3. The applicant provides a copy of a self-authored memorandum, dated
6 October 2008 and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of this 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 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 military records show he was inducted into the Army of the United States on 1 September 1942 and entered active service on 3 March 1943. He was awarded military occupational specialty (MOS) 761 (scout).
4. The applicant's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater of Operations (APTO) from 27 July 1943 until he departed for return to the United States on 15 November 1945. His WD AGO Form 53-55 indicates he was assigned to Headquarters, 3rd Battalion, 63rd Infantry, 6th Infantry Division at the time of separation.
5. The applicant's WD AGO Form 53-55 shows he was separated from active duty on 13 December 1945. He completed 4 months and 28 days of continental service and 2 years, 4 months, and 13 days of foreign service. He was separated at the rank of corporal (CPL), which is the highest grade he held during his tenure of service.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows World War II units that are authorized occupation credit, and therefore, entitlement to the Army of Occupation Medal. The unit to which the applicant was assigned while serving in World War II was not cited for receiving credit for occupation duty.
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, and escort on 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.
DISCUSSION AND CONCLUSIONS:
While the applicant contends he is entitled to award of the Army of Occupation Medal for his service in Korea, the unit to which he was assigned is not listed in Department of the Army Pamphlet 672-1 as being credited with occupation duty at any overseas location. As such, there is insufficient evidence on which to base granting the applicant's requested relief.
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) AR20090003247
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ABCMR Record of Proceedings (cont) AR20090003247
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