IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100022941 


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, in effect, correction of the separation documents of his deceased father, a former service member (FSM), to show the following:

* Navy Unit Commendation (NUC)
* Army of Occupation Medal with Okinawa Clasp (correctly known as Japan Clasp)
* Army Commendation Medal (ARCOM) with Oak Leaf Cluster (OLC)
* Army Achievement Medal (AAM)

2.  He states the FSM was assigned to the 592nd Port Company which was attached to the 5th Marine Division during the Iwo Jima campaign in World War II (WWII).  He adds the company was awarded the NUC, but neither the unit nor the FSM received the award.  He states the FSM's record does not reflect a device for the occupation of Okinawa during 1950 to 1952.

3.  He provides the following:

* Appendix IX NUC
* FSM's WD AGO 21 (Enlistment Record - Regular Army)
* WD AGO Form Number 24 (Service Record)
* WD AGO Form 163 (Adjusted Service Rating)




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 FSM's military records show he was inducted into the Army of the United States on 26 November 1943.  He performed a series of reenlistment options and was honorably retired on 31 August 1965.  The FSM died on 23 January 2006.

3.  The FSM's record contains the following separation documents.

   a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) from 26 November 1943 to 24 November 1945.  Item 6 (Organization) of this form lists 592nd Port Company, Transportation Corp.  Item 32 (Battles and Campaigns) lists Iwo Jima.  Additionally, item 33 (Decorations and Citations) of this form shows the following:

* WWII Victory Medal
* Asiatic Pacific Campaign Medal with 1 bronze service star 
* 2 overseas service bars
* Good Conduct Medal 

   b.  WD AGO Form 53-55 from 12 December 1945 to 13 December 1948.  There are no battles, campaigns, decorations, or citations listed on this form.
   
	c.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from 20 August 1952 to 19 August 1958.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this form shows the following:

* Army of Occupation Medal with Germany Clasp
* Good Conduct Medal with 4 bronze loops (indicating 4th Award)

   d.  DD Form 214 from 27 August 1958 to 26 August 1964.  There are no decorations, medals, badges, citations, or campaign ribbons listed on this form.

   e.  DD Form 214 from 27 August 1964 to 31 August 1965.  There are no decorations, medals, badges, citations, or campaign ribbons listed on this form.
   
4.  The FSM's separation documents for the periods 12 December 1945 to 
13 December 1948 and from 14 December 1948 to 19 August 1952 are not contained in his records.  

5.  Section 9 (Medals, Decorations, and Citations) of the FSM's DA Forms 24 (Service Record) shows the following:

* Marksman Marksmanship Qualification Badge with Carbine Bar, Headquarters, 1st Field Artillery Battalion, 28th Artillery, Special Orders 247, dated 17 November 1959
* Army of Occupation Medal with Japan Clasp 

6.  The FSM's separation documents do not show award of the ARCOM or the AAM and there are no orders in his available records that show he was awarded these awards.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  The pamphlet shows the 592nd Port Company, to which the FSM was assigned, was awarded the Navy Unit Commendation for the period 19 February 1945 to 28 February 1957 by War Department General Orders Number 109-46. 

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  The same regulation provides guidance during WWII, it states that the ARCOM may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

10.  Army Regulation 600-8-22 states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Review of his separation documents indicates/ that he is entitled to additional awards that are not shown on these forms.

12.  Headquarters, 121st Signal Battalion, Fort Riley, KS, General Orders Number 18, dated 18 September 1963, contained in his military personnel records, show he was awarded the Good Conduct Medal (5th Award) for the period 8 September 1960 to 7 September 1963.

13.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The Department of the Army Pamphlet 672-1 shows the 592nd Port Company was awarded the NUC.  Therefore, the FSM is entitled to correction of his records to show this award.

2.  The evidence of record shows the FSM was awarded the Army of Occupation Medal with Japan Clasp.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  There is no evidence and he has not provided any to show the FSM was awarded the ARCOM (1OLC) or the AAM.  There is also no evidence that shows he received the first award of the ARCOM.  Further, the AAM was not established until after 1 August 1981, 16 years after the FSM's retirement.  Therefore, in the absence of orders there is an insufficient basis for award of the ARCOM or the AAM in this case.  

4.  General Orders Number 18 awarded him the Good Conduct Medal             (5th Award) for the period 8 September 1960 to 7 September 1963.  Therefore, his records should be corrected to show this award.

5.  Records show he met the qualifications and is entitled to correction of his record to show the award of the National Defense Service Medal.

6.  The evidence of record shows he qualified marksman with carbine.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 to item 26 of his 31 August 1965 DD Form 214 the following:

* Navy Unit Commendation 
* Army of Occupation Medal with Japan Clasp
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Good Conduct Medal (5th Award) from 8 September 1960 to 7 September 1963
* National Defense Service Medal

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 the award of the ARCOM and the AAM. 



      __________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)                                         AR20100022941





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ABCMR Record of Proceedings (cont)                                         AR20100022941



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