BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012451
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 reconsideration of an earlier request for award of the Army of Occupation Medal with Japan Clasp.
2. The applicant states he was on occupation duty in Japan from the end of January 1952 to 15 June 1952. He further states the 24th Infantry Division was relieved of duty from Korea to Japan at the end of January 1952 for the purpose of rebuilding and training new personnel. He was stationed in Japan until
15 June 1952 when he was rotated home.
3. The applicant provides:
* Special Orders Number 124, issued by Headquarters, 19th Infantry Regiment, dated 3 June 1952
* Three support statements
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110025094 on 23 May 2012.
2. The applicant provides Special Orders Number 124, dated 3 June 1952, and three support statements that were not previously considered by the Board. Therefore, they are considered new evidence that warrants consideration.
3. His 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 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 was inducted into the Army of the United States on 8 January 1951. He served as a rifleman in Korea. On 17 October 1952, he was honorably released from active duty and he was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining service obligation.
5. His DD Form 214 (Report of Separation from the Armed Forces of the United States), as corrected by a DD Form 215 (Correction to DD Form 214), dated
25 July 2012, shows he was awarded the:
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* Republic of Korea War Service Medal
* United Nations Service Medal
* Combat Infantryman Badge
6. He provided Special Orders Number 124, dated 3 June 1952, that show a list of Soldiers, including the applicant, who were being transferred from Camp Haugen, Japan to Camp Drake, Japan Replacement Transition Center (JRTC), 8042 AU, APO 613, effective June 1952.
7. He provided three support statements from fellow Soldiers at the time in question. They attest:
* The 24th Infantry Division left Korea at the end of January 1952 and relocated in Japan
* The applicant was stationed at Camp Haugen, Japan until June 1952
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was on occupation duty in Japan from the end of January 1952 to 15 June 1952.
2. It is acknowledged there is no evidence of record and the applicant did not provide any evidence that shows he was in Japan between 3 September 1945 and 27 April 1952. However, he provided Special Orders Number 124, dated
3 June 1952, that show he was assigned from Camp Haugen, Japan to Camp Drake, Japan on 3 June 1952 and any reasonable doubt should be resolved in the applicant's favor. Therefore, the support statements from fellow Soldiers at the time in question and rotation orders from Japan are accepted as sufficient evidence on which to base award of the Army of Occupation Medal with Japan Clasp.
3. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20110025094, dated 23 May 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his
DD Form 214 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) AR20120012451
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ABCMR Record of Proceedings (cont) AR20120012451
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