IN THE CASE OF:	  

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120005429 


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 award of the Army of Occupation Medal with Japan Clasp, the Presidential Unit Citation, and the campaign stars associated with his period of service in Japan and Korea.

2.  The applicant states these awards were left off his DD Form 214 (Report of Separation from the Armed Forces of the United States) in the rush to discharge him after major operations in Korea ceased.

3.  The applicant provides:

* his DD Form 214
* temporary duty (TDY) orders, 21 July 1953
* a Letter of Appreciation, dated 7 September 1953, with 4 endorsements
* a Certificate certifying his TDY in Korea from 21 July to 12 September 1953, dated 12 September 1953
* reassignment orders to the United States, dated 24 December 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'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.

3.  The applicant's DD Form 214 shows:

* he entered active on 8 February 1951 for a period of 3 years
* his most significant duty assignment was Company B, 71st Signal Service Battalion
* he was honorably discharged from active duty on 23 January 1954 under the provisions of Army Regulation 615-365 (Enlisted Personnel - Discharge - Convenience of Government)
* he completed 2 years, 11 months, and 18 days of active service that included 2 years, 6 months, and 9 days of foreign service

4.  This form also shows he was awarded the Korean Service Ribbon and the United Nations Service Medal.

5.  He provides:

	a.  TDY Letter Orders Number 22, dated 21 July 1953, issued by Headquarters, Far East Command (FEC) Signal Service Battalion, 8235th Army Unit, APO 500 (Japan), dated 21 July 1953, indicating the applicant would proceed on TDY to Korea for an indefinite period.

	b.  A Letter of Appreciation from Headquarters, Musan-Ni Provisional Command, Office of the Signal Officer, APO 72 (Korea) to the Commander, 8235th Army Unit, FEC Signal Service Battalion, dated 7 September 1953, for the unit's participation in "Operation Big Switch" in Korea from 21 July 1953 to
7 September 1953.  The 3rd and 4th Endorsements were specifically addressed to the applicant.


	c.  A Certificate issued by the Headquarters, 304th Signal Battalion (Operation), Eighth U.S. Army, dated 12 September 1953, that certifies the applicant served with this unit on TDY in Korea from 21 July 1953 to
12 September 1953.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards and campaign participation of units serving in World War II and the Korean War.  This document shows during his assignment to the 71st Signal Battalion, the unit was cited for award of the Meritorious Unit Commendation for the period 27 June 1950 through 20 February 1953 by Department of the Army General Order Number 77, dated 1954.  There is no indication this unit received credit for occupation duty in Korea or Japan.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty while assigned to the:

		(1)  Army of Occupation of Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands and the Bonin-Volcano Islands.  Service that meets the requirements for the Korean Service Medal will not be counted in determining eligibility for this medal.

		(2)  Army of Occupation of Korea between 3 September 1945 and 29 June 1949, inclusive.  Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945.

	b.  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.


	c.  A bronze service star is worn on the appropriate service ribbon, to include the Korean Service Medal, for each credited campaign.  Table B-1 shows the campaigns for the Korean War.  During his tour of duty in Korea he participated in the Korea, Summer 1953 (1 May through 27 July 1953) campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army of Occupation Medal with Japan Clasp, Presidential Unit Citation, and campaign stars associated with his period of service in Japan and Korea.

2.  There is no evidence his unit received credit for occupation duty while assigned/attached to his unit in Japan or Korea.  Therefore, there is an insufficient evidentiary basis for awarding him the Army of Occupation Medal with Japan clasp and adding it to his DD Form 214.

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  There is no evidence his unit was cited for award of the Presidential Unit Citation during his period of assignment or at any time.  Therefore, there is no basis for granting this portion of his request.

5.  Records show he participated in one campaign during his service in Korea that entitles him to one bronze service star for wear on his already-awarded Korean Service Medal.  Therefore, his DD Form 214 should be corrected to show this bronze service star.

6.  The evidence of record shows the applicant served on active duty during a qualifying period for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting from his DD Form 214 the Korean Service Ribbon; and

	b.  adding to his DD Form 214 the:

* National Defense Service Medal
* Korean Service Medal with one bronze service star
* Meritorious Unit Commendation

2.  The Board further determined 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 the award of the Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.



      ___________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)                                         AR20120005429



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ABCMR Record of Proceedings (cont)                                         AR20120005429



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