IN THE CASE OF:	 

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110025094 


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 the Army of Occupation Medal (Japan), Army Good Conduct Medal (AGCM), and the National Defense Service Medal (NDSM) be added to his records.

2.  The applicant states the awards are not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant provides a copy of his DD Form 214 and a self-authored statement.

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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214. 

3.  On 8 January 1951, the applicant was inducted into the Army of the United States.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 4745 (Automatic Rifleman).  The highest rank he attained while serving on active duty was corporal/E4.

4.  The applicant’s DD Form 214 shows he served in Korea with Company E, 19th Infantry Regiment for 1 year and 27 days.

5.  The applicant’s DD Form 214 shows he was honorably released from active duty on 17 October 1952.  His DD Form 214 shows the following awards:

* Purple Heart
* Korean Service Medal with 3 Bronze Campaign Stars
* Combat Infantryman Badge
* United Nation Service Medal

6.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal with Japan Clasp is awarded to individuals who have 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.  

7.  Army Regulation 600-8-22 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.  Disqualification for an award of the Army Good Conduct Medal can occur at anytime during a qualifying period.  Any records of non-judicial punishment could be in conflict with recognizing the Soldier’s service as exemplary; such record should not be viewed as automatically disqualifying.

8.  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.
9.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.

10.  Army Regulation 600-8-22 states the Republic of Korea- Korean War Service Medal (ROK-KWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and                 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the Army of Occupation Medal (Japan), AGCM, and the NDSM was carefully considered and found to have partial merit.

2.  The applicant’s was honorably released from active duty.  His records does not contain a DA Form 20 (Enlisted Qualification Report) to identify or show that he received “excellent” conduct and efficiency ratings throughout his military service.  However, he was honorably released from active duty in the rank of corporal and had no lost time. Therefore, it appears he is eligible for the first award of the AGCM for the period 8 January 1951 to 17 October 1952 and correction of his DD Form 214 to show this award.

3.  By regulation an individual can be awarded the Army of Occupation Medal with Japan Clasp for qualifying service in Japan to include service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  The applicant’s record is void of any documents or orders indicating he served in Japan.  As a result, there is insufficient evidentiary basis to support granting this portion of the requested relief. 
 
4.  The evidence of record also confirms that based on his honorable active service for the period 8 January 1951 to 17 October 1952, the applicant is eligible for the NDSM.  Therefore, it would be appropriate to add this award to his record and DD Form 214.  

5.  The available evidence shows the applicant completed a period of qualifying service in Korea for award of the ROK-KWSM.  Therefore, it would be appropriate to add this award to his record and DD Form 214.

6.  The applicant and all others concerned should know that this action related to award of the Army of Occupation Medal (Japan) in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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 the applicant the AGCM (1st Award) for the period                       8 January 1951 through 17 October 1952 and

b.  Adding to his DD Form 214 the:

* AGCM
* NDSM
* ROK-KWSM

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 (Japan).  




      _______ _   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)                                         AR20110025094



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ABCMR Record of Proceedings (cont)                                         AR20110025094



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