MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 October 2001
	DOCKET NUMBER:   AR2001061893

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

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her brother, the deceased former service member (FSM), be awarded the Army of Occupation Medal (AOM) with Japan Clasp.

APPLICANT STATES:  That the FSM served in Japan and was assigned to the 21st Infantry Regiment, 24th Infantry Division.  His unit departed Japan for Korea in July 1950.  He was subsequently captured by the North Koreans and died in a prisoner of war camp.  She states that she was told that her brother's unit was not credited with occupation duty and, thus, he cannot be awarded the AOM.  She adds that other soldiers in her brother's unit have received the medal.

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

The FSM was a member of Company K, 21st Infantry Regiment, 24th Infantry Division.  He served with that unit in Japan and deployed with it to Korea on 5 July 1950.  In Korea, he was captured and died in a prisoner of war camp.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the 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.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.  Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, will show whether or not a unit was authorized occupation credit and, thus, entitlement to the Army Occupation Medal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  According to DA PAM 672-1, the FSM's unit did not receive occupation credit for its service in Japan following World War II.  Certain units of the 24th Infantry Division did receive such credit, but the 21st Infantry Regiment was not one of them.
3.  The Army Board for Correction of Military Records corrects errors or injustice, and decides each case based on the individual merits of that case.  If a soldier receives a medal to which he is not entitled, such action does not justify awarding that medal to other soldiers who did not earn it.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE __  ___MHM_  ___BJE _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061893	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0067	
2.		
3.		
4.		
5.		
6.