IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021326 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army of Occupation Medal with Japan Clasp and the other medals/badges he was issued.

2.  The applicant states:

	a.  After waiting 61 years, he is now able to show that he served in Japan from 28 February to 30 November 1951.  The long wait was because his records were destroyed in the National Personnel Records Center (NPRC) fire in 1973.  He finally received a certificate showing his military service in Japan.  Accompanying the certificate was a letter from the NPRC listing all the medals and badges he was authorized for his service in Korea.  However, he did not receive the Army of Occupation Medal with Japan Clasp and the letter stated the reasons why.

	b.  Army regulations clearly state the requirement for award of the Army of Occupation Medal is that one must serve in Japan for 30 consecutive days during the period 3 September 1945 to 27 April 1952.  He served in Japan for 8 months prior to rotating to Korea.  Therefore, he is entitled to, and should have received, the Army of Occupation Medal with Japan Clasp for his service there and he asks the Board to correct this error and grant him full relief.

3.  The applicant provides a Certification of Military Service, WD AGO Form 204 (Notice - Change of Address), and a letter.
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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the applicant's reconstructed record contains his DD Form 214 for the period ending 30 August 1953 and additional documents which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army (RA) on 27 October 1950 and he held military occupational specialty (MOS) 1812 (Heavy Weapons Infantryman).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 25 April 1953.  

4.  His DD Form 214 shows he was honorably discharged on 30 August 1953 in the rank of SGT for the purpose of immediate reenlistment.  His unit of assignment at the time was the 47th Replacement Company, 47th Infantry Division (ID), Fort Williams, ME. 

5.  Item 22c (Foreign and/or Sea Service) of this DD Form 214 shows he completed 1 year, 5 months, and 19 days of foreign service during this period of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry "unknown."   His reconstructed record is void of any other DD Form 214. 

6.  His DD Form 230 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.  His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
7.  His reconstructed record also contains:

	a.  A WD AGO Form 204, undated, wherein he indicated his old address was Camp Polk, LA, and his new address was the Heavy Mortar Company, 180th Infantry, 45th ID, Army Post Office 86.  

	b.  A list of units and personnel, undated, wherein it shows the applicant was assigned to the Heavy Mortar Company.

	c.  A diploma from the School of Standards, 4th ID, Korea, wherein it certified the applicant successfully completed a course in Intelligence at the school from 20 May to 10 June 1952.

8.  He provides a Certification of Military Service, dated 3 November 2014, issued by the NPRC, wherein it states he served in Japan from 28 February to 30 November 1951 and in Korea from 5 December 1951 to 15 August 1952.  

9.  He also provides a letter, dated 3 November 2014, from the NPRC, wherein it stated:

	a.  Based on documents he provided and/or official documents available they authorized shipment of the:

* Army Good Conduct Medal
* Presidential Unit Citation
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal

	b.  The extract they were providing from Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) showed his unit was not granted occupation credit for Japan, most likely because the unit was in transit to Korea.  However, the unit was awarded the Republic of Korea Presidential Unit Citation but this was a foreign award and was not replaced by the Army.  

10.  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 continuous years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  A history of the 45th ID shows initially the division was used to provide reinforcements for the divisions that had been sent to the Korean War Theater and, in January 1951, it provided enlisted fillers for overseas service (Japan and Korea).  In February 1951, the 45th ID was alerted that it would sail for Japan.  The division was sent to Fort Polk to begin training and was sent to Japan in April 1951 to act as a reserve force for the Eighth U.S. Army, then fighting in Korea.  The division moved to Korea in December 1951.  By the time the division was in place, the battle lines on both sides had solidified, leaving the 45th ID in a stationary position as it conducted attacks and counterattacks for the same ground.  The division suffered its first casualty on 11 December 1951.  It was under constant artillery and mortar attack and also conducted constant small-unit patrols along the border seeking to engage Chinese outposts or patrols.  These small-unit actions made up the majority of the division's combat in Korea.

12.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.  
   
	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.  A review of his records confirms during his service in Korea he participated in two campaigns.

	c.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

	d.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	e.  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 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	f.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation Medal with Japan Clasp was authorized for service in Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands.  

13.  DA Pamphlet 672-1 was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet does not show that the 180th Infantry Regiment, 45th ID received occupation credit for Japan.  It shows the only occupation credit the 180th Infantry, 45th ID, received was for Germany during World War II for the period 2 May to 5 July 1945.

14.  DA Pamphlet 672-1 does show the Heavy Mortar Company, 180th Infantry, 45th ID, was cited for award of the:

* Presidential Unit Citation for the period 13 to 15 June 1952, by DA General Orders (DAGO) 21, dated 1953
* Republic of Korea Presidential Unit Citation for the period 10 December 1951 to 31 July 1953 by DAGO 30, dated 1954

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea from 5 December 1951 to 15 August 1952 while assigned to the Heavy Mortar Company, 180th Infantry, 45th ID.  He served during a qualifying period for entitlement to award of the National Defense Service Medal, Korean Service Medal with two bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, and the Republic of Korea Presidential Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  The available record shows based on documents he provided and/or official documents, the NPRC also issued him the Army Good Conduct Medal and the Combat Infantryman Badge.  While records showing his efficiency ratings and his final DD Form 214 are not available for review, he did attain the rank of SGT, he apparently reenlisted in the RA on 31 August 1953, and his record is void of any information that would have disqualified for the Army Good Conduct Medal.  He held an infantry MOS and was assigned to an infantry unit during the Korean War that constantly engaged in attacks and counter attacks against enemy forces.  It is reasonable to presume he met the criteria for, and had been awarded, the Army Good Conduct Medal (1st Award) and Combat Infantryman Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show this medal and badge.

3.  With respect to the Army of Occupation Medal with Japan Clasp, criteria for this award included 30 consecutive days of in service in Japan.  While it is noted the applicant had over 30 days of service in Japan, there is no evidence that the 45th ID ever received occupation credit for Japan.  Although his unit was located in Japan for a time, the unit was there in support of operations on the Korean Peninsula, not as part of the occupation force.  Therefore, there is no basis upon which to grant this portion of the requested relief.

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 amending his DD Form 214 by:  

* deleting the entry in item 24  
* adding to item 24 the: 

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal
* Republic of Korea War Service Medal
* Presidential Unit Citation
* 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 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)                                         AR20140021326





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ABCMR Record of Proceedings (cont)                                         AR20140021326



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