IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001417 


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, the grandson of a deceased former service member (FSM), requests his grandfather be awarded the National Defense Service Medal (NDSM) and Korean Service Medal (KSM).

2.  The applicant states:

* His grandfather was never awarded the NDSM or KSM
* Both medals were implemented after his discharge
* He meets the criteria to be awarded the service and campaign awards 
* His grandfather died in 1989 and his records were not discovered until his grandmother passed

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Notice of Separation from Naval Service
* Death certificate
* Birth certificates

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 FSM’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 FSM’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.  

3.  The FSM's DD Form 214 shows:

* having prior service in the U.S. Navy, he enlisted in the Regular Army on 16 October 1946 for a period of 3 years
* he was discharged under honorable conditions on 21 September 1951
* he received the Army of Occupation Medal (FECOM – Far East Command) and World War II Victory Medal  

4.  There is no evidence which shows the FSM served in Korea during the period 27 June 1950 to 27 July 1954.

5.  The FECOM was established at Tokyo on 1 January 1947, under the command of General of the Army Douglas MacArthur.  FECOM grouped under one unified command all U.S. forces in the geographical area, including Japan, South Korea, the Ryukyu Islands, the Marianas-Bonin Island area, and the Philippine Islands.  General Headquarters (GHQ) for FECOM was located in Tokyo and was responsible for military matters throughout the entire area assigned to the FECOM.

6.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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.

7.  Army Regulation 600-8-22 states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

8.  Army Regulation 600-8-22 states the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  During the post-World War II period, AOMs were awarded with two clasps, Germany and Japan.  The Japan Clasp was awarded:

	a.  For qualifying service in Japan, including service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 
2 March 1946 was qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

	b.  For service in Korea between 3 September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 and 2 March 1946 was qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served a period of qualifying service for award of the NDSM.  His DD Form 214 should be corrected to show this medal. 

2.  The FSM's DD Form 214 shows he was awarded the AOM (FECOM); this award is properly called the AOM with Japan Clasp.  While it is known the FSM served in FECOM, it cannot be determined from the record where he served – Japan or Korea – in order to qualify for award of the AOM.

3.  Even if it could be determined the FSM was awarded the AOM with Japan Clasp for service in Korea, that fact offers no help in determining entitlement to the KSM.  The time period for award of the AOM for Korea expired on 29 June 1949; the time period for award of the KSM is 27 June 1950 and 27 July 1954.

4.  Unfortunately, entitlement to the KSM cannot be established based on the scant evidence of record available in this case.








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 adding the NDSM to his DD Form 214.

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 KSM.  




      _______ _   _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)                                         AR20120001417





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ABCMR Record of Proceedings (cont)                                         AR20120001417



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