BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015166
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 that he be awarded the Army of Occupation Medal (AOM) for Korea.
2. The applicant states that towards the end of his military career he served about 6 months as part of an occupational force in the Republic of Korea and he believes he is entitled to award of the AOM for his Korean Service.
3. The applicant provides no additional documents with 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 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 to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on
28 September 1943 and he entered active duty at Fort Snelling, Minnesota on
19 October 1943. He completed his training as a cannoneer and departed for the Southwest Pacific Theater of Operations on 27 April 1944. He served in the New Guinea and Luzon campaigns and was he was assigned to Headquarters, 6th Infantry Division.
4. On 10 October 1945, he was transferred with his unit to Korea as an occupying force in the southern half of the United States zone of occupation and remained there until he departed on 16 October 1945. He arrived in the United States on16 January 1946, and he was honorably discharged at Fort Snelling, Minnesota on 4 February 1946.
5. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) reflects that he was awarded the Good Conduct Medal, the Meritorious Unit Commendation, the Asiatic-Pacific Campaign Medal with two bronze service stars and bronze arrowhead device, the World War II Victory Medal, and the Philippine Presidential Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 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 with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive. 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 applicants contention that he served in Korea and is entitled to award of the AOM (Korea) has been noted and appears to have merit.
2. While the available records do not indicate his service in Korea, a review of the applicants unit history confirms that his unit departed the Philippines for assignment to Korea as an occupying force after VJ day (2 September 1945).
3. His records clearly show his unit of assignment at the time of his discharge was Headquarters, 6th Infantry Division and that unit was still in Korea when he was discharged. Accordingly, it would be in the interest of justice to award him the AOM at this time and to correct his records accordingly.
BOARD VOTE:
___x_____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AOM (Korea) and correcting his records accordingly.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100015166
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ABCMR Record of Proceedings (cont) AR20100015166
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