IN THE CASE OF:	  

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110012767 


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 reconsideration of his request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Japan Clasp and the Korean Service Medal he is authorized based on his overseas service.

2.  The applicant states that in the previous consideration of his request the Board denied his service with the 70th Tank Battalion.  He reiterates that he served with the battalion in Japan.  (In his original request, the applicant stated he served in Satose, Japan and on the Island of Hokkaido, which was within 12 miles of Korea.)  He adds the material he now provides should show that the battalion was also in Korea and that is the basis of his request for reconsideration of his original request.

3.  The applicant provides a copy of the front page of a publication and a 1-page list of veterans who served in the battalion.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100025550, on 12 May 2011.

2.  The applicant provides new evidence that warrants consideration.

3.  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.

4.  The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 7 June 2011, shows he was inducted into the Army of the United States and entered active duty on 17 April 1951.  He was honorably released from active duty on 3 April 1953 and he was transferred to the Enlisted Reserve Corps to complete his Reserve obligation.  He completed 1 year,
11 months, and 17 days of active duty service that included 7 months and
19 days of foreign service.  It also shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal and the National Defense Service Medal;

	b.  item 28 (Most Significant Duty Assignment) the entry "Company C,
70th Tank Battalion"; and

	c.  item 30 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) the Track Vehicle Mechanic course at the Armored School, Fort Knox, KY, from 25 January through 10 April 1952.

5.  In support of his request, the applicant provides:

	a. The front page of The Tribute, Issue 56, April 2006, published by the
70th Heavy Tank Battalion/Armor Association with the headline "Korean War 1950-1953."

	b.  A 1-page list of the names, addresses, and telephone numbers of ten individuals (seven typed and three handwritten entries).  The information for the applicant is handwritten on the document.  He states the individuals are veterans who served with the battalion during the period of service under review.

6.  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 World War II and the Korean War.

	a.  It contains a list of Korean War campaigns and it shows that the 70th Tank Battalion served in Korea and participated in the following campaigns:

* United Nations Defensive (27 June - 15 September 1950)
* United Nations Offensive (16 September - 2 November 1950)
* Chinese Communist Forces Intervention (3 November 1950 -
24 January 1951)
* First United Nations Counteroffensive (25 January - 21 April 1951)
* Chinese Communist Forces Spring Offensive (22 April - 8 July 1951)
* United Nations Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November - 7 December 1951)

	b.  The pamphlet shows the 70th Tank Battalion was authorized occupation credit for Germany, but not for Japan.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  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.

	b.  The Korean Service Medal is awarded for qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954 that included the territorial limits of Korea or in waters immediately adjacent thereto.  A bronze service star is authorized with this service medal for each Korean campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of award of the Army of Occupation Medal with Japan Clasp and the Korean Service Medal was carefully considered.

2.  Records show:

	a.  the applicant served on active duty from 17 April 1951 through 3 April 1953;

	b.  the 70th Tank Battalion served in Korea during the Korean War and the last campaign the battalion participated in was the Second Korean Winter (through 7 December 1951), when the battalion redeployed from Korea; and
	c.  the applicant served in the continental United States until at least 10 April 1952, when he completed his Track Vehicle Mechanic training.

3.  The exact period of the applicant's overseas service cannot be determined from the available records.  However, the earliest the applicant could have departed the continental United States for overseas service was 11 April 1952.

4.  Thus, based on the available evidence, it appears the applicant did not join the 70th Tank Battalion in Korea.  In fact, the applicant acknowledges he served with the battalion in Japan (Satose and on the Island of Hokkaido).

5.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Records show that qualifying service in Japan ended on 27 April 1952.

	a.  Records fail to show the 70th Tank Battalion was authorized occupation credit in Japan.

	b.  Records also show the earliest date the applicant could have deployed to Japan was 11 April 1952.  Thus, he could not have met the 30 consecutive-day service requirement at a post of duty in Japan to qualify for the medal.

	c.  Therefore, the applicant is not entitled to the Army of Occupation Medal with Japan Clasp.

6.  The Korean Service Medal is awarded for qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954 that included the territorial limits of Korea or in waters immediately adjacent thereto [emphasis added].  Despite the applicant's contention that he served on the Island of Hokkaido, this is insufficient evidence to support award of the Korean Service Medal.  The Island of Hokkaido (Japan) is not within the territorial limits of Korea nor in waters immediately adjacent thereto [emphasis added].  Therefore, he is not entitled to the Korean Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X __  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20100025550, dated 12 May 2011.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20110012767



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ABCMR Record of Proceedings (cont)                                         AR20110012767



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