RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 February 2004
	DOCKET NUMBER:   AR2003089093

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Paul Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Robert J. Osborn, II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1. The applicant requests that his records be corrected to show that he was awarded the Army of Occupation Medal (AOM) with Japan Clasp, not Germany Clasp.

2.  The applicant states his DD Form 214 (Report of Separation from the Armed Forces of the United States) indicates he was awarded the AOM with Germany Clasp.  He did not serve in Germany; he served in Japan.

3.  The applicant provides:  a copy of his DD Form 214; a Letter of Commendation, dated 1 August 1952, with a 1st Indorsement, dated 1 August 1952; a memorandum regarding the Letter of Commendation indicating he was assigned to Headquarters Company, Japan Signal Service Battalion, 8047th Army Unit; and a WD AGO Form 159 (Certificate of Officer Designated by Local Commander to Execute Declaration in Accordance with Current Rules and Regulations).  The WD AGO Form 159 is signed by a Captain and shows a unit address of "Yokohama Main Store APO 503."

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 26 August 1952.  The application submitted in this case is dated 31 March 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available 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.  This case is being considered using reconstructed records, which primarily consist of his DD Form 214, the applicant's enclosures, and a page from the unit campaign register for World War II and the Korean War.  

4.  On 12 September 1950, the applicant was inducted into the Army of the United States.  His DD Form 214 shows he was honorably released from active duty on 26 August 1952 after 1 year, 11 months, and 15 days of creditable active Federal service.  Additionally, it shows he had 11 months and 7 days of duty overseas.  Item 27 (Decorations, Awards, etc.) shows he was awarded the "AOM (Germany)."

5.  On 23 March 1999, the National Archives and Records Administration in St. Louis, Missouri issued a DA Form 1577 (Authorization for Issuance of Awards).  That form indicates the applicant was entitled to the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal (NDSM).

6.  Army Regulation (AR) 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

7.  AR 600-8-22 (Military Awards) provides, in pertinent part, for award of the NDSM for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between 2 August 1990 and 30 November 1995.  For the purpose of the award, the following persons are not considered as performing active service:  (1) Guard and Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program; (2) Any person on active duty for the sole purpose of undergoing a physical examination; (3) Any person on temporary active duty to serve on boards, courts, commissions and like organizations or on active duty for purposes other than extended active duty.  The NDSM may be awarded to members of the Reserve Components who are ordered to Federal active duty, regardless of duration, except for the categories listed above.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  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 served honorably and faithfully throughout his period of induction.  He entered active duty in the rank of Private and was released from active duty in the rank of Sergeant (Temporary).  He achieved that rank in a period of 1 year, 11 months, and 15 days active duty.  There is no indication of any lost time or indiscipline in the applicant's available personnel records, nor is there anything else to show that he was otherwise disqualified from receiving the GCMDL by any of his unit commanders:  He is therefore entitled to award of the GCMDL for the period 12 September 1950 through 26 August 1952.

2.  The applicant's service is within a time frame listed for the criteria for the NDSM. Therefore, he is entitled to have this award added to his DD Form 214.

3.  There is no evidence that the applicant ever served in Germany during the 11 months and 7 days he was assigned overseas.  The evidence supplied by the applicant shows he was assigned to a unit or units in Japan prior to being separated.  Therefore, his DD Form 214 is in error in listing the AOM with Germany Clasp; this should be the AOM with Japan Clasp.

BOARD VOTE:

__jhl___  __le____  __rjo___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: 

	a.  Deleting the Army of Occupation Medal (Germany) on his DD Form 214;

	b.  Adding the GCMDL, NDSM, and Army of Occupation Medal (Japan Clasp);

	c.  Correcting the previously issued DA Form 1577; and issuing an appropriate new authorization.

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089093	
SUFFIX		
RECON		
DATE BOARDED	20040212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0069	
3.	107.0067	
4.		
5.		
6.