IN THE CASE OF:	  

		BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130019988 


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 Good Conduct Medal and the Army of Occupation Medal with Japan Clasp.

2.  The applicant states in late October 1953 his battalion was again shipped from Camp McGill, Japan to Korea.  Due to his pending separation date, he was shipped to Pusan for return to the United States.

3.  The applicant provides:

* an undated newspaper article tracing the history of the 56th Amphibious Tank and Tractor Battalion in Korea
* two pages with letterhead 

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.  His 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.  The only military records available to this Board are his discharge orders and his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  On 12 January 1951, he was inducted into the Army of the United States for 
2 years.  On 1 April 1952, he voluntarily extended for 1 year.  He was promoted to sergeant (SGT)/E-5 on 19 August 1953.

4.  On 26 October 1953, he was discharged.  He completed 2 years, 9 months, and 15 days of active service that was characterized as honorable with no lost time.  He was issued a DD Form 214 for this period of service that shows.

	a.  He completed 1 year, 1 month, and 2 days of foreign and/or sea service.

	b.  He was authorized or awarded the:

* Korean Service Medal with one bronze service star
* United Nations Service Medal
* National Defense Service Medal

	c.  His most significant duty assignment was Headquarters and Headquarters Service Company, 56th Amphibious Tank and Tractor Battalion.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for the Korean War.  The following information is provided for the 56th Amphibious Tank and Tractor Battalion:

	a.  The unit did not receive occupation duty credit for Japan.

	b.  The entire unit participated in the Korea Summer 1953 Campaign from 
2 - 27 July 1953.


	c.  The unit was awarded the Republic of Korea Presidential Unit Citation for the period 1 August 1952 - 30 September 1953.

6.  Army Regulation 600-8-22 (Military Awards) 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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

7.  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 the first award only, 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SGT/E-5.  His DD Form 214 shows he had no time lost and his service was characterized as honorable.  Therefore, there is sufficient evidence to show he should have been awarded the first award of the Army Good Conduct Medal for the period 12 January 1951 to 26 October 1953.

2.  His history of assignments and the exact dates of his assignment to the 56th Amphibious Tank and Tractor Battalion are not available.  However, there is sufficient evidence to show he participated in the Korea Summer 1953 Campaign from 2 - 27 July 1953.  Therefore, he is authorized the Republic of Korea Presidential Unit Citation.

3.  Based on his service in Korea he is authorized the Republic of Korea War Service Medal.

4.  Department of the Army Pamphlet 672-1 does not show his unit received occupation duty credit for Japan.  Therefore, he is not authorized the Army of Occupation Medal with Japan clasp.


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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period 12 January 1951 to 26 October 1953.

	b.  adding to his DD Form 214 for the period ending 26 October 1953 the:

* Army Good Conduct Medal (First Award)
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal

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 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)                                         AR20130019988



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ABCMR Record of Proceedings (cont)                                         AR20130019988



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