IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008719
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 21 June 1950 be corrected to show his Army of Occupation Medal was awarded for Korea instead of Japan.
2. The applicant states his DD Form 214 should show his Army of Occupation Medal was awarded for Korea. His wife is being interred in the National Memorial Cemetery of the Pacific and he wants the correct information on the marker. He has attempted to correct his DD Form 214 on two previous occasions with no results.
3. The applicant provides:
* his DD Form 214
* an article from the internet on the 5th Regimental Combat Team, 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 applicants military personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973. The only record available to the Board was the DD Form 214 provided by the applicant. His DD Form 214 provides the following information:
* on 11 September 1947, he enlisted in the Regular Army for 3 years
* his most significant assignment was Company D, 5th Infantry Regiment
* he was awarded the Army of Occupation Medal with Japan clasp
* he was released from active duty on 21 June 1950
* he completed 2 years, 9 months, and 11 days of active service that was characterized as honorable
3. According to the internet article he provided, the 5th Infantry Regiment was reactivated in Korea on 1 January 1949 with the mission to provide security while all U.S. troops were withdrawn from the country. The 5th Infantry Regiment left Korea effective 31 June 1949 and was transferred to Schofield Barracks, HI.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Korea between
3 September 1945 and 29 June 1949, inclusive, is among those locations.
b. Clasps are authorized for wear on the Army of Occupation Medal. Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany." Soldiers who served in the Far East Theater during the occupation of the Far East will wear the clasp inscribed "Japan." Clasps bearing other inscriptions are not authorized.
DISCUSSION AND CONCLUSIONS:
1. It appears he is authorized the Army of Occupation Medal based on his service with the 5th Infantry Regiment in Korea.
2. There are only two clasps authorized for wear on the Army of Occupation Medal. One is inscribed "Japan" for service in the Far East Theater and one is inscribed "Germany" for service in the European Theater. Based on his service in Korea during the period identified for the Army of Occupation of Korea, the appropriate clasp to be worn on his Army of Occupation Medal is the "Japan" clasp.
3. In view of the above, the entry on his DD Form 214 is correct and there is no basis for granting relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130008719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008719
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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