IN THE CASE OF:	  

		BOARD DATE:	 28 May 2012

		DOCKET NUMBER:  AR20120017189 


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 to be issued the Army of Occupation Medal with Japan Clasp decoration and to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the award of the National Defense Medal and Army Good Conduct Medal.

2.  The applicant states his DD Form 214 shows the award of the Army of Occupation Medal with Japan Clasp; however, the award was never issued.  He further contends that he is eligible for the National Defense Service Medal and Army Good Conduct Medal.

3.  The applicant provides his DD Forms 214 covering the period 29 December 1948 through 5 November 1951.

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 were 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 lost in that fire.  The primary records available are those provided by the applicant and consist of his DD Forms 214.

3.  His DD Form 214 ending 31 January 1950 shows he:

* was inducted into the Army of the United States on 29 December 1948
* held military occupational specialty 4745 (Light Weapons Infantryman)
* was honorably released from active duty and transferred to the Enlisted Reserve Corps on 31 January 1950
* completed 1 year, 1 month, and 3 days of active service of which 
6 months and 3 days was foreign service
* was awarded the Army of Occupation Medal with Japan Clasp

4.  His DD Form 214 ending 5 November 1951 shows he:

* entered active duty on 1 October 1950
* held military occupational specialty 3060 (Cook)
* completed 1 year, 1 month, and 5 days of active service
* did not receive any awards

5.  He was honorably released from active duty in the rank of private first class on 5 November 1951.

6.  His DD Form 214 does not show award of the National Defense Service Medal or the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to be issued the Army of Occupation Medal with Japan Clasp decoration and to correct his DD Form 214 to show the award of the National Defense Medal and Army Good Conduct Medal.

2.  The evidence of record shows the applicant served during a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to the Army Good Conduct Medal:

	a.  The criteria for award of the Army Good Conduct Medal requires that the Soldier received “excellent” conduct and efficiency ratings throughout his service and had no convictions by court-martial.  While it is noted that the applicant had no time lost, there are no records to verify his conduct and efficiency ratings or the absence of derogatory information.  

	b.  Regrettably, in the absence of evidence that shows he obtained “excellent” ratings and had no derogatory information that precluded him from receiving this award, there is insufficient evidence upon which to base award of the Army Good Conduct Medal.

4.  The ABCMR does not normally authorize issuance of awards.  However, as the applicant states he never received the Army of Occupation Medal with Japan Clasp and his records are now being corrected to add the National Defense Service Medal, it would be appropriate to request that these awards be issued to him.

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 to his DD Form 214 the National Defense Service Medal and requesting the National Defense Service Medal and Army of Occupation Medal with Japan Clasp be issued to him.

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 Good Conduct Medal and to this Board issuing him the Army 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)                                         AR20120017189





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120017189



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1