IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100025550 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all medals and ribbons he is entitled to receive.  Additionally, a Member of Congress specifically requests the award of the Korean Service Medal and the Army of Occupation Medal with Japan Clasp on his behalf.  

2.  The applicant states that his DD Form 214 does not contain any medals or ribbons.  

3.  He provides:

* DD Form 214
* Letter from his Congressman, dated 30 September 2010
* Letter to the U.S. Army Reserve Personnel Center, dated 13 February 2009
* Internet article titled "70th Tank Battalion (United States)" 

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 ABCMR 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 ABCMR to conduct a fair and impartial review of this case.

3.  His records show he was inducted into the Army of the United Stated on 
17 April 1951 and entered active duty on 17 April "1952."  He was credited with 
1 year, 11 months and 17 days of active duty service in which 7 months and 
19 days was listed as Foreign Service.  He was honorably released from active duty on 3 April 1953 in the rank of PFC (T) (temporary).

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "None."   Item 28 (Most Significant Duty Assignment) of the same form shows Company C, 70th Battalion, APO 201.  Additionally, item 38 (Remarks) of this form shows he had no lost time.

5.  In a letter to the U.S. Army Reserve Personnel Center, the applicant stated that he served in Satose, Japan and the Island of Hokkaido which was within 
12 miles of Korea.  He also said he received the Army Good Conduct Medal (AGCM) and the National Defense Service Medal (NDSM).

6.  The internet article he provided stated that the 70th Tank Battalion was active during the World War II and the Korean War.

7.  Army Regulation 600-8-22 (Military Awards) provides, in part, that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.  

8.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded 

for qualifying service in the theater of operations between 27 June 1950 and       27 July 1954.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  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.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean War.  The pamphlet does not show that the 70th Tank Battalion, to which the applicant was assigned, was awarded occupation credit or the Army of Occupation Medal with Japan Clasp.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the qualifications for and is entitled to the award of the NDSM.

2.  His DD Form 214 confirms he completed 7 months and 19 days of Foreign Service, but it does not specify the country in which he served.  By the applicant's own admission, he served in Satose, Japan and the Island of Hokkaido.  He did not contend he served in the theater of operations (i.e., Korea).  Therefore,  it appears he is not entitled to the award of the Korean Service Medal.  

3.  There is no evidence of record to confirm that the applicant served in Japan.  However, even if he did, Department of the Army Pamphlet 672-1 does not show 

his unit was awarded occupation credit for Japan.  Therefore, he is not entitled to the award of the Army of Occupation Medal with Japan Clasp.

4.  He maintains he was awarded the AGCM.  Although a copy of his DA Form 24 (Service Record) is not available to verify his conduct and efficiency ratings, the evidence shows he was honorably released from active duty in the rank of PFC and he had no lost time.  Therefore, his statement in his letter to the U.S. Army Reserve Personnel Center that he received the AGCM is accepted and it would be appropriate to add the AGCM to his DD Form 214.

5.  In addition, it appears the date of entry into active service (17 April 1952) listed on his DD Form 214 contains a typographical error.  He was inducted on 17 April 1951.  He completed 1 year, 11 months, and 17 days of service.  He contends he was awarded the AGCM, which he would not have been eligible for had he served on active duty from 17 April 1952 through 3 April 1953.  It appears his date of entry into active service should have been listed as 17 April 1951, and it would be appropriate at this time to correct this error.

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:

   a.  adding to his DD Form 214 the AGCM and the NDSM and
   
   b.  amending item 19 of his DD Form 214 to show he entered into active duty on 17 April 1951.
   
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 Korean Service Medal and the Army of Occupation Medal with Japan Clasp.



      ____________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)                                         AR20100025550





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025550



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1