BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021228
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 his records to show award of the Army of Occupation Medal.
2. He states, in effect, that he served with the 61st Field Artillery Battalion in Korea from 1955 to 1957 before he was medically evacuated to Japan.
3. He provides:
* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 December 1957
* a DA Form 20 (Enlisted Qualification Record)
* a U.S. Army Discharge Certificate
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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and DA Form 20.
3. His DD Form 214 for the ending period 6 December 1957 shows he enlisted in the Regular Army on 19 June 1953. On 6 December 1957, he was honorably released from active duty and transferred the U.S. Army Reserve. Item 24c (Foreign and/or Sea Service) shows the entry "2" Years "1" Months "11" Days. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows:
* National Defense Service Medal
* Army Good Conduct Medal
* United Nations Svc Medal
* Korean Service Medal
4. 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.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during the Korea War. This document does not show that the 61st Artillery Battalion as being awarded occupation credit for Korea or Japan.
DISCUSSION AND CONCLUSIONS:
Unfortunately, evidence of record shows that the 61st Artillery Battalion is not listed in the Unit Citation and Campaign Participation Credit Register as being awarded occupation credit for Korea or Japan; therefore, the applicant is not eligible for award of the Army of Occupation Medal with Japan Clasp.
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) AR20100021228
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ABCMR Record of Proceedings (cont) AR20100021228
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