BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022815
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 Korean Service Medal and the Army of Occupation Medal with Japan Clasp.
2. He states, in effect, he was assigned to Company B, 8th Cavalry Regiment, 1st Cavalry Division and they made landings in Korea before moving to Japan where they spent the rest of their overseas tour which consisted of 1 year, 3 months, and 1 day.
3. He provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), line of duty status, and a statement with a cover letter from the commanding officer of Company B, 8th Cavalry Regiment.
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 complete military records are not available to the Board. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States and entered active service on 29 April 1952. His DD Form 214 shows he completed 1 year, 3 months, and 1 day of foreign service but it does not show a specific period or location.
4. He provided a letter, dated 22 January 1954, which indicates he was assigned to Company B, 8th Cavalry Regiment at the time he was admitted to the U.S. Army Hospital, 8165th Army Unit, Army Postal Office 309 [Japan] on 15 January 1954 with an undetermined line of duty status.
5. He was honorably released from active duty on 13 April 1954. His DD Form 214 shows he was awarded the National Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
7. Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the 8th Cavalry Regiment received occupation credit at any time.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions in regard to his entitlement to the Korean Service Medal and Army of Occupation Medal with Japan Clasp are acknowledged. However, his service record is void of sufficient evidence to grant the relief requested.
2. He provided a letter which shows he was assigned to Company B, 8th Cavalry Regiment, 1st Cavalry Division.
3. However, in the absence of evidence such as Morning Reports or orders that indicate when he arrived and departed from Korea and Japan the specific dates he served in Korea or Japan cannot be determined. In addition, the available evidence indicates that the 8th Cavalry Regiment did not receive occupation credit. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Korean Service Medal and 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) AR20100022815
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ABCMR Record of Proceedings (cont) AR20100022815
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