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ARMY | BCMR | CY2001 | 2001057430C070420
Original file (2001057430C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2001
         DOCKET NUMBER: AR2001057430


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Joe R. Schroeder Member
Mr. Ronald E. Blakely 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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that all his discharge documents be corrected to include all authorized awards. In addition, he requests award of the Bronze Star Medal.

3. The applicant states that since he was awarded the Combat Infantryman Badge, he should be awarded the Bronze Star Medal as well. Supporting evidence is as listed on the DD Form 149.

4. The applicant’s military records show that he enlisted in the Regular Army on 23 January 1946. He served in Panama from 12 July 1946 – 15 June 1948. He was honorably discharged on 24 January 1949 after being retained in service for 2 days for the convenience of the Government. His Report of Separation, WD AGO Form 53, shows that he was awarded no decorations and citations. His Service Record, WD AGO Form 24A, for the period ending 23 January 1949 does not record conduct and efficient ratings (by design) and does not reflect that he was favorably considered for the Army Good Conduct Medal. He had separated in the rank of Sergeant and had no record of disciplinary actions.

5. The applicant reenlisted on 24 July 1949. He was honorably discharged on 16 September 1952. His Report of Separation, DD Form 214, shows that he was awarded no decorations, medals, or badges. His WD AGO Form 24A for the period ending 16 September 1952 is annotated that his character and efficiency were “excellent” and that he was favorably considered for award of the Army Good Conduct Medal.

6. The applicant reenlisted on 24 October 1952. He was honorably discharged on 16 August 1957. His Enlisted Qualification Record, DA Form 20, item 38 shows that he was assigned to Company K, “2d” Infantry Regiment from on or about 2 December 1952 to on or about 21 February 1954 as a first sergeant. (This is most likely a typographical error as the 2d Infantry Regiment did not serve in Korea. Other information on file shows he was most likely assigned to the 23d Infantry Regiment, 2d Infantry Division.) He served during two campaigns. It shows that one of his military occupational specialties was Infantry Senior Sergeant. Among the awards listed in item 41 are the “CRWMP” (acronym unknown, award authority Army Regulation (AR) 672-5-1); the Purple Heart (award authority AR 672-5-1; however, no wounds are listed in item 40); the “ACM” (presumably, the Army Commendation Medal, award authority AR 672-5-1); the Republic of Korea Presidential Unit Commendation (award authority AR 672-5-1); the Army Good Conduct Medal (award authority 672-5-1); the United Nations Service Medal, the Korean Service Medal, the Combat Infantryman Badge (award authority Special Orders 151, Headquarters, 23d Infantry Division dated 4 July 1953 but orders not on file); and the National Defense Service Medal. The Expert Badge Carbine and the Expert Badge, M-1 Rifle are also listed. A certificate dated 11 December 1953 from the 23d Infantry Regiment shows that he was eligible to receive combat pay from 1 – 27 July 1953. His DD Form 214 shows that he was awarded no decorations, medals, or badges and that he received no wounds.

7. The applicant immediately reenlisted on 17 August 1957. He was awarded the Army Good Conduct Medal 2d award on General Orders 6, Headquarters, 2d Armored Division dated 21 January 1961 for the period 19 January 1958 to date of separation on or about 19 January 1961. Orders for the Army Good Conduct Medal 1st award are not available. He was awarded the Army Commendation Medal 1st oak leaf cluster on General Orders 139, Headquarters, 2d Armored Division dated 10 December 1962. Orders for the Army Commendation Medal basic award are not available. His DD Form 214 for the period ending 16 August 1963 shows he was awarded the Sharpshooter Badge Carbine, the Army Commendation Medal (oak leaf cluster), the Expert Badge Rifle, a Certificate of Achievement, the Army Good Conduct Medal (2d award); and a Letter of Commendation.

8. The applicant immediately reenlisted on 17 August 1963. He was awarded the Army Good Conduct Medal 3d award on General Orders 2, U. S. Army Supply Services Command dated 26 February 1964 for the period 2 February 1961 – 1 February 1964. He was awarded the Army Commendation Medal (2d oak leaf cluster) on General Orders 99, U. S. Army Ryukyu Islands dated 1 June 1965. He was separated on 31 May 1966 for the purpose of retirement in the rank of Sergeant Major. His DD Form 214 shows he was awarded the Army Good Conduct Medal (3d award), the Army Commendation Medal “2/2d OLC,” the Expert Badge Carbine, and the Expert Badge M-1 Rifle.

9. Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals. It stated that 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 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. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10. Army Regulation 600-45, then in effect, provided policy and criteria concerning individual military decorations. In pertinent part, it provided for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy was considered as a citation for exemplary conduct in ground combat.

11. Army Regulation 600-8-22 is the current regulation that provides policy and criteria concerning individual military decorations. It provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. The Honorable Service Lapel Button is awarded for service between 8 September 1939 and 31 December 1946. The American Campaign Medal is awarded for service outside the continental United States between 7 December 1941 and 2 March 1946. The National Defense Service Medal is awarded for several periods of service including for service between 27 June 1950 and 27 July 1954 and for service between 1 January 1961 and 14 August 1974. The Korean Service Medal is awarded for service in Korea between 27 June 1950 and 27 July 1954. Award of the United Nations Service Medal is based upon Korean Service Medal eligibility. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

12. Department of the Army Pamphlet 672-3 shows that the 23d Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 16 September 1950 – 26 October 1953.

CONCLUSIONS:

1. Orders awarding the applicant the Combat Infantryman Badge are not available. However, the Board accepts the available corroborating evidence (that he was assigned to an infantry company as a first sergeant, held an infantry military occupational specialty, and was eligible for combat pay) as evidence showing his entitlement to that award. However, he did not meet the eligibility period (6 December 1941 and prior to 3 September 1945) for conversion of his Combat Infantryman Badge to the Bronze Star Medal.

2. Although the applicant’s DA Form 20 shows that he was awarded the Purple Heart, no orders are available. There is no corroborating evidence such as an orders number listed as the award authority or entries on his DA Form 20 or DD Form 214 to show he was wounded. Without corroborating evidence, the Board finds the one entry on his DA Form 20 insufficient evidence to confirm he was entitled to award of the Purple Heart and so it would not be appropriate to add it to his DD Form 214.

3. The Board cannot determine what the acronym “CRWMP” stands for and no orders for this award are available or listed. No orders are available for the award of the basic Army Commendation Medal and no award authority is listed on the DA Form 20 so the Board cannot determine which DD Form 214 should have listed this award.

4. The Board notes that there is no indication on the applicant’s DA Form 24A for the period ending 24 January 1949 that he was favorably considered for award of the Army Good Conduct Medal. However, the Board notes that he had been promoted to Sergeant during this enlistment and there is no record of any disciplinary action on the applicant for any time period. His DA Form 24A for the period ending 16 September 1952 does indicate that he was favorably considered for award of the Army Good Conduct Medal but there are no orders showing he was awarded it. The first available Army Good Conduct Medal orders are for the 2d award, showing a period of service of 19 January 1958 to date of separation on or about 19 January 1961 (with his 3d award being for the period 2 February 1961 – 1 February 1964). This would indicate his first award was for the period 19 January 1955 – 18 January 1958. These award dates do not logically fit into his periods of service. Considering his excellent promotion history (from E-1 to E-9 with no reductions) and his lack of a disciplinary record, it would be appropriate to show he was awarded the Army Good Conduct Medal for each eligible period, i. e., 1st award 23 January 1946 – 22 January 1949; 2d award 24 February 1949 – 16 February 1952; 3d award 24 October 1952 – 23 October 1955; 4th award 24 October 1955 – 23 October 1958; 5th award 24 October 1958 – 23 October 1961; and 6th award 24 October 1961 – 23 October 1964.

5. Aside from the Army Good Conduct Medal, there are numerous other errors concerning the applicant’s other awards on his WD AGO Form 53-55 and DD Forms 214. His WD AGO Form 53-55 should have listed the World War II Victory Medal and the Honorable Service Lapel Button. His DD Form 214 for the period ending 16 September 1952 should have listed the National Defense Service Medal. His DD Form 214 for the period ending 16 August 1957 should have listed the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation. His DD Form 214 for the period ending 16 August 1963 should have listed the Army Commendation Medal with 1st oak leaf cluster and the National Defense Service Medal with 1st oak leaf cluster. His DD Form 214 for the period ending 31 May 1966 appears to be correct except for the Army Good Conduct Medal entry and the confusing entry of “ARCOM, 2/2d OLC” which, to be clearer, should have read “ARCOM 2d OLC.”

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s WD AGO Form 53-55 be corrected to add the Army Good Conduct Medal (1st award), the World War II Victory Medal, and the Honorable Service Lapel Button.

2. That the applicant’s DD Form 214 for the period ending 16 September 1952 be corrected to add the Army Good Conduct Medal (2d award) and the National Defense Service Medal.

3. That the applicant’s DD Form 214 for the period ending 16 August 1957 be corrected to add the Army Good Conduct Medal (3d award), the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation.

4. That the applicant’s DD Form 214 for the period ending 16 August 1963 be corrected to delete the entries “Army Commendation Medal (oak leaf cluster)” and “Good Conduct Medal (2d Award)” and to add the Army Commendation Medal (1st oak leaf cluster), the Army Good Conduct Medal (4th and 5th awards), and the National Defense Service Medal (1st oak leaf cluster).

5. That the applicant’s DD Form 214 for the period ending 31 May 1966 be corrected to delete the entries “GCMDL (3d award)” and “ARCOM, 2/2d OLC” and to add the Army Good Conduct Medal (6th award) and the Army Commendation Medal (2d oak leaf cluster).

6. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__wtm___ ________ __reb___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ __jrs___ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001057430
SUFFIX
RECON
DATE BOARDED 20010814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.04
2. 107.0014
3.
4.
5.
6.


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