IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005639 


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 corrections to his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Army of Occupation Medal (Japan), National Defense Service Medal, Army Good Conduct Medal, Republic of Korea War Service Medal, and Republic of Korea Presidential Unit Citation.

2.  The applicant states:

   a.  He would like his DD Form 214, ending on 30 January 1953, to be corrected.  It is missing the Army of Occupation Medal (Japan), National Defense Service Medal, Army Good Conduct Medal, Republic of Korea War Service Medal, and Republic of Korea Presidential Unit Citation.  He was assigned to Company F, 17th Infantry Regiment in March 1950 (occupation before the Korean War started), at Camp Shimmelpfini-149g, Sendai, Japan.

   b.  When the Korean War stared they were shipped to Korea and participated in the Inchon Landing.  He was rotated to Fort Dix, NJ, from September 1951 to January 1952 with Company B, 39th Infantry Regiment, 9th Infantry Division.  In January 1952, he was reassigned to Headquarters Company, 2nd Battalion, 7th Infantry Regiment, 3rd Infantry Division, from March 1952 to 30 January 1953 for his second tour in Korea.  His DD Form 214 lists the Korean Service Medal with 1 silver service star and 2 bronze service stars (7 campaigns) and the United Nations Service Medal.


3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs (VA) Rating Decision
* letter from the VA 
* letter in support of his VA request for compensation for frostbite in North Korea

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 his records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available military records show he enlisted in the Regular Army, in pay grade E-1, on 17 November 1949.  He completed training and was awarded military occupational specialty 1814 (Counterfire operations sergeant).

4.  He was honorably discharged as a sergeant on 30 January 1953 for the convenience of the Government.  He was credited with completing 3 years, 10 months, and 23 days of net active service and no time lost.  He was also credited with 2 years, 1 month, and 5 days of foreign service.

5.  His DD Form 214 lists the following:

* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - Korean Service Medal with 1 silver service star and 2 bronze service stars and United Nations Service Medal
* Item 28 (Most Significant Duty Assignment) - Headquarters Company, 2nd Battalion, 7th Infantry, Army Post Office 468

6.  On 15 April 2011, the VA notified him of increases to his service-connected compensation for post-traumatic stress disorder and bilateral sensorineural hearing loss.

7.  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.  

8.  Army Regulation 600-8-22 also states the Army of Occupation Medal 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, escort, temporary, or detached duty are precluded from eligibility.  

9.  Army Regulation 600-8-22 further 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.

10.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, will not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

11.  Army Regulation 600-8-22 also states the Republic of Korea War Service Medal 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.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

12.  Department of Army Pamphlet 671- 2 (Unit Citation and Campaign Participation Credit Register), shows his unit, 17th Infantry Regiment, 7th Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation for service from 11 July 1952 to 1 October 1953, by Department of the Army General Order Number 24, dated 1954.  The pamphlet does not show the unit was awarded occupation credit for Japan or Korea.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that based on the applicant's service in Korea and his award of the Korean Service Medal and United Nations Service Medal, he is entitled to the National Defense Service Medal and Republic of Korea - Korean War Service Medal.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  General orders confirm his unit was awarded the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  Notwithstanding the unavailability of conduct and efficiency ratings, the available evidence shows he served in Korea for a period of 2 years, 1 month, and 5 days, has no time lost, attained the rank of sergeant, and was honorably discharged.  The available evidence of record shows he appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 17 November 1949 through 16 November 1952 and correction of his DD Form 214 to show this award.

4.  Department of the Army Pamphlet does not show that the 17th Infantry Regiment was awarded occupation credit.  Therefore, there is insufficient evidence to show he is eligible for the Army of Occupation Medal with Japan Clasp.  Therefore, he is not entitled to this award and its addition to his separation document.


BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  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: 

* awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 November 1949 through 16 November 1952
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

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.



      _______ _   _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)                                         AR20120005639





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ABCMR Record of Proceedings (cont)                                         AR20120005639



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