IN THE CASE OF:	  

		BOARD DATE:	    6 September 2011

		DOCKET NUMBER:  AR20110001362 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to remove the Army of Occupation Medal with Germany Clasp.

2.  The applicant states he did not serve in Germany, but he did serve in Japan during the Korean Conflict.  He desires this correction to obtain veterans' license plates showing his service during the Korean Conflict.

3.  The applicant provides a copy of his DD Form 214.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the applicant's DD Form 214 is sufficient to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows:

	a.  his date of induction into the Army of the United States as 16 October 1952;

	b.  his most significant duty assignment as Headquarters Company, 8th Combat Engineer Battalion;

	c.  his awards as the Army of Occupation Medal with Germany Clasp, National Defense Service Medal, and Republic of Korea Presidential Unit Citation;

	d.  his period of overseas service as 1 year, 6 months, and 14 days; and

	e.  his date of release from active duty as 1 October 1954.

4.  A history of the 8th Engineer Combat Battalion states the battalion served in the Republic of Korea for 549 continuous days beginning on 18 July 1950 and ending on or about 17 January 1952.  It was then rotated out of country but later returned to the Korean peninsula in 1952-1953.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korean Service Medal was awarded to Soldiers who performed duty on permanent assignment, on temporary duty for 30 consecutive days or 60 nonconsecutive days, or were in active combat against the enemy and were awarded a combat decoration or an individual certificate by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit testifying to such combat credit between 27 June 1950 and 27 July 1954.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	c.  The United Nations Service Medal period of eligibility was between 27 June 1950 and 27 July 1954.  This medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

	d.  Appendix B shows that based on the applicant's dates of military service, he could not have participated in more than the last two campaigns, the Third Korean Winter and the Korea Summer 1953.  However, the applicant's available records do not confirm he was in the Republic of Korea during both campaigns.  A bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

	e.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and its adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment, (2) while on temporary duty within the territorial limits of Korea or in waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (3) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Republic of Korea.  This pamphlet shows the 8th Combat Engineer Battalion was awarded the Republic of Korea Presidential Unit Citation during the period of the applicant's military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to remove the Army of Occupation Medal with Germany Clasp because his service was during the Korean Conflict.  Furthermore, he desires this correction to obtain veterans' license plates showing his service during the Korean Conflict.

2.  The available evidence clearly shows the 8th Combat Engineer Battalion served in the Korean Conflict and this unit was the applicant's most significant assignment.  Furthermore, there is no evidence showing he ever served in the European theater of operations.  Therefore, it is more than reasonable to presume he did not serve a qualifying tour of duty for award of the Army of Occupation Medal with Germany Clasp.  Accordingly, it should be removed from his records.



3.  The available evidence clearly shows the applicant was awarded the Republic of Korea Presidential Unit Citation.  Therefore, it is reasonable to presume his combat service qualified him for the Korean Service Medal.  However, the available evidence does not clearly show he served during more than one campaign.   Based on this presumption, he also qualifies for award of the National Defense Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the Army of Occupation Medal with Germany Clasp from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* National Defense Service Medal
* Korean Service Medal with one bronze service star
* Republic of Korea War Service Medal
* United Nations Service Medal



      ___________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)                                         AR20110001362



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ABCMR Record of Proceedings (cont)                                         AR20110001362



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