IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023116 


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:

	a.  award of the Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, and the Expert Marksmanship Qualification Badge with Rifle, Pistol, and Carbine Bars; and

	b.  issuance of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states:

* It was an oversight
* There was a fire in St. Louis, MO that destroyed records
* He did not receive the Army of Occupation Medal with Germany Clasp in the shipment from the National Personnel Records Center (NPRC), St. Louis, in October 2011
* His DD Form 214 shows he was in the occupation of Japan and he deserves the Army of Occupation Medal with Japan Clasp
* His DD Forms 214 show he has over 3 years of honorable service and he deserves the Army Good Conduct Medal 

3.  The applicant provides:

* a letter from the NPRC, dated 7 October 2011
* his DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the period ending 21 February 1950 and 19 September 1953

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 requested the issuance of the Army of Occupation Medal with Germany Clasp as shown on his DD Form 214 for the period ending 21 February 1950.  However, the ABCMR does not issue medals.  The applicant may request issuance of the award by submitting a request via a letter or a Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address:  National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military records are not available to the Board 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 Board to conduct a fair and impartial review of this case.

4.  The applicant's DD Form 214 for the period ending 21 February 1950 shows he enlisted in the Regular Army on 17 February 1948 for a period of 2 years.  He served in Germany and was honorably discharged at the expiration of his term of 


service on 21 February 1950 in the rank of private first class (PFC) after completing 2 years and 5 days of creditable active service.

5.  His DD Form 214 for the period ending 21 February 1950 shows:

* His rank at the time of entry into active duty was private
* the Army of Occupation Medal with Germany Clasp as an authorized award
* He had no time lost

6.  His WD AGO Form 100 (Separation Qualification Record) shows:

* He entered active duty on 17 February 1948
* He separated on 21 February 1950
* He served in Germany 

7.  His DD Form 214 for the period ending 19 September 1953 shows he was inducted into the Army of the United States on 12 October 1951.  He served in Korea and was honorably released from active duty (REFRAD) on 19 September 1953 in the temporary rank of PFC and he was transferred to the Army Reserve Illinois Military District to complete his remaining service obligation.  He completed 1 year, 11 months, and 8 days of creditable active service this period.

8.  His DD Form 214 for the period ending 19 September 1953 shows the:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal

9.  There are no orders for the Army Good Conduct Medal in the available records.

10.  There is no evidence of record that shows his unit served in Japan.

11.  There are no orders for any marksmanship qualification badges in the available records.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award 


ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification 
must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year serviced entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty
* For first award only, for those individuals who dies before completing
1 year of active Federal service if the death occurred in the line of duty

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not authorized the Army Good Conduct Medal for his first period of service from 17 February 1948 through 21 February 1950.  However, although all of his military records are not available for review, his DD Form 214 for the period ending 19 September 1953 shows he was honorably REFRAD in the rank of PFC after completing 1 year, 11 months, and 8 days of active service with no time lost.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 12 October 1951 through
19 September 1953 based on completing a period of qualifying service ending with the termination active Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for this period of service 


and his DD Form 214 for the period ending 19 September 1953 should be corrected to show this award.

2.  The applicant contends his DD Form 214 shows he participated in the occupation of Japan.  However, his DD Form 214 for the period ending
21 February 1950 shows he received the Army of Occupation Medal with Germany Clasp and his WD AGO Form 100 states he served in Germany not Japan during the period 17 February 1948 to 21 February 1950.  Additionally, his DD Form 214 for the period ending 19 September 1953 does not show he served in Japan.  Since there is no evidence which shows he served in Japan, regrettably, there is insufficient evidence on which to base award of the Army of Occupation Medal with Japan Clasp.

3.  There is no evidence of record and the applicant did not provide any evidence that shows he qualified expert with the rifle, pistol, or carbine.  Since there is no evidence of any orders for any marksmanship qualification badges or other corroborating evidence in the available records, there is insufficient evidentiary basis for granting this portion of his request.

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.  awarding him the first award of the Army Good Conduct Medal for the period 12 October 1951 through 19 September 1953; and

	b.  adding to his DD Form 214 for the period ending 19 September 1953 the Army Good Conduct Medal (1st Award).


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 award of the Army of Occupation Medal with Japan Clasp or the Expert Marksmanship Qualification Badges with Rifle, Pistol, and Carbine Bars.



      ___________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)                                         AR20110023116



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ABCMR Record of Proceedings (cont)                                         AR20110023116



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