IN THE CASE OF: BOARD DATE: 15 April 2019 DOCKET NUMBER: AR20160017363 APPLICANT REQUESTS: * In effect: * Army Good Conduct Medal * Honorable Service Lapel Button (“Ruptured Duck”) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he should be considered a World War II era veteran because of his Army of Occupation Medal Japan (1949). He was awarded the Army Good Conduct and Ruptured Duck which was sewed onto his jacket. Both the Ruptured Duck and Occupational Medal are World War II awards. 3. 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 National Personnel Records Center (NPRC) in 1973. It is believed that his 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. 4. His DD Form 214 shows he enlisted in the Regular Army on 3 January 1949 and he was honorably discharged on 23 January 1950. It also shows in: * Item 26 (Foreign and/or Sea Service) shows 8 months and 18 days * Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized) shows the “Army of Occupation Medal Japan” * Item 29 (Wounds received as a result of action with enemy forces) shows “none” 5. The Board notes World War II officially ended on 2 September 1945. 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Honorable Service Lapel Button (World War II Victory Medal). A button of gold- colored metal depicting an eagle perched within a ring composed of a chief and 13 vertical stripes. The button is 7/16-inch high and 5/8-inch wide. Eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946. b. The Army Lapel Button (also referred to as the Ruptured Duck) is a gratuitous issue and the eligibility requirements are as follows: (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button. c. The Army of Occupation Medal was established by War Department General Orders 32, dated 1946. It is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of 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. d. The Army Good Conduct Medal (AGCM) is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Any one of the following periods of continuous enlisted active Federal military service qualifies for award of the AGCM. (1) Each 3 years completed on or after 27 August 1940. (2) For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. (3) For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year. (4) For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty. (5) For first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. The applicant entered the Regular Army in January 1949 and separated in January 1950. The Army Good Conduct Medal (1st Award) was only authorized to enlisted personnel who completed three or more years of service during the period in which he served; it was not until June 1950 when a minimum of one year of service was required for the first award. The “Ruptured Duck” was established for certain members in 1984 and is not retroactive. Based upon the preponderance of evidence, and regulatory guidance, the Board agreed there is no error or injustice in this case. The Board acknowledges and thanks the applicant for his service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Honorable Service Lapel Button (World War II Victory Medal). A button of gold- colored metal depicting an eagle perched within a ring composed of a chief and 13 vertical stripes. The button is 7/16-inch high and 5/8-inch wide. Eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946. b. The Army Lapel Button (also referred to as the Ruptured Duck) is a gratuitous issue and the eligibility requirements are as follows: (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button. c. The Army of Occupation Medal was established by War Department General Orders 32, dated 1946. It is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of 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. d. The Army Good Conduct Medal (AGCM) is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Any one of the following periods of continuous enlisted active Federal military service qualifies for award of the AGCM. (1) Each 3 years completed on or after 27 August 1940. (2) For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. (3) For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year. (4) For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty. (5) For first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017363 2 ABCMR Record of Proceedings (cont) AR20160017363 1