ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20170012090 APPLICANT REQUESTS: correction of his WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Service) to show all authorized awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate dated 23 September 1949 * WD Form 53 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 awards do not show time served in Inchon Korea from 5 May 1947 with the 762nd Engineer Company (later re-designated to Trans Corp). Until unit shipped out in February or March 1949, he was sent to ORD Base outside Tokyo until 5 September 1949. He states the 8 week Heavy Equipment course in Japan was while in Korea and returned there after completion of course at Maizuru, Japan. He provided a carbon copy of his Honorable Discharge Certificate and WD 53 to show his separation record omitted the Korean Service medal and the Good Conduct Medal. 3. The applicant's 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a photocopy of an Honorable Discharge Certificate and a WD AGO Form 53. 4. A review of the applicant records shows: a. He enlisted in the Regular Army on 5 October 1946. b. At the time of his separation, he held military occupational specialty (MOS) was 013 (Diesel Mechanic) and he was stationed in Japan with an Ordnance Unit. c. He served in the Asiatic-Pacific Theater of Operations from 9 may 1947 to 5 September 1949. d. There is no indication anywhere in his records that he served in Korea. Likewise, his record is void of documentation awarding him the Korea Service Medal or Army Good Conduct. e. He was honorably discharged on 23 September 1949. His WD AG Form 53 shows he completed 6 months and 19 days of continental active service and 2 years and 5 months of Foreign Service. He was awarded or authorized: * World War II Victory Medal * Army of Occupation Medal with Japan clasp * Honorable Service Lapel Button WWII * Sharpshooter Badge with Carbine Bar with Rifle Bar 5. By regulation (AR 600-68 (Good Conduct Medal), in effect at the time, he Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate. 6. By regulation (AR 600-8-22 (Military Awards)) the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions: * Within the territorial limits of Korea or in water immediately adjacent thereto * With a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the commander in Chief, Far East, as having directly supported the military efforts in Korea. * Was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon a review of the applicant’s provided evidence and that found within his military service record, the Board found no evidence he was ever served in Korea. The record shows he was in Japan for the two years in question. Therefore, the Board concluded there was no evidence of an error or injustice which would warrant adding additional awards to the applicant’s WD AGO Form 53. 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. 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 (AR) 600-8-22 (Military Awards) states: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award: * each 3 years completed on or after 27 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * 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 * for first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty b. Service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award. c. The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions: * Within the territorial limits of Korea or in water immediately adjacent thereto * With a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the commander in Chief, Far East, as having directly supported the military efforts in Korea. * Was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea. 3. Army Regulation 672-5-1 (Awards), 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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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. ABCMR Record of Proceedings (cont) AR20170012090 5 1