PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001062502


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. George Paxson		Chairperson
Ms. Deborah Jacobs		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.

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2. The applicant requests, in effect, correction of his retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 March 1971 to show award of the bronze arrowhead, the Army Service Ribbon (ASR), four awards of the Overseas Service Ribbon (OSR), two additional awards of the Combat Infantryman Badge (CIB), the United Nations Service Medal (UNSM) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states, in effect, that his retirement DD Form 214 does not show the bronze arrowhead affixed to the Philippine Liberation Ribbon as previously shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation). He contends that the ASR, the four awards of the OSR, the UNSM and a second award of the Purple Heart were omitted from his retirement DD Form 214. He also contends that he is entitled to two additional awards of the CIB for his service in Korea and in Vietnam. In support of his application, he submits a letter of explanation, dated 24 June 1999; his WD AGO Form 53-55 with an effective date of 24 December 1945; his retirement DD Form 214; and two pages of his DA Form 20 (Enlisted Qualification Record).

4. The applicant’s military records show that he enlisted on 14 October 1940. He served as a squad leader in the Asiatic-Pacific Theater of Operations from
21 March 1944 through 21 November 1945 and was honorably discharged on
24 December 1945. The applicant entered active duty again on 11 September 1947. He served as an infantry communications specialist in Korea from
28 August 1950 through 5 September 1950 when he was wounded in action. The applicant remained on active duty through continuous reenlistments until he retired on 31 May 1963 in the rank of master sergeant. The applicant was recalled to active duty on 1 April 1965. He served as an explosive ordnance disposal supervisor in Vietnam from 3 July 1968 through 3 July 1969. The applicant was released from active duty on 31 March 1971 and reverted to the Retired List.

5. The applicant’s retirement DD Form 214 with an effective date of 31 March 1971 does not show the bronze arrowhead, the ASR, four awards of the OSR, two additional awards of the CIB, the UNSM or the Purple Heart with First Oak Leaf Cluster as authorized awards.

6. His retirement DD Form 214 does show one award of the CIB and one award of the Purple Heart as authorized awards.

7. The applicant’s WD AGO Form 24 (Service Record) shows that Headquarters 155th Infantry General Orders Number 71, dated 4 September 1945, awarded the applicant the bronze arrowhead. His WD AGO Form 53-55 shows entitlement to the Asiatic-Pacific Campaign Medal.

8. There is no evidence in the applicant’s service personnel records which shows he met the qualifications for award of the ASR or any award of the OSR.

9. There are no orders for a second or third award of the CIB in the available records.

10. The applicant’s service personnel records show that he served in military occupational specialty (MOS) 311 (infantry communication specialist) assigned to Headquarters Company, 3rd Battalion, 34th Infantry, and Headquarters Company, 2nd Battalion, 21st Infantry Regiment, during his assignment in Korea.

11. The applicant’s service personnel records show that he served in MOS 55D (explosive ordnance disposal specialist) assigned to Headquarters and Headquarters Company, 3rd Ordnance Battalion, during his assignment in Vietnam.

12. The applicant’s service personnel records show he served in Korea from
28 August 1950 through 5 September 1950 and participated in one campaign (UN Defensive, 27 June - 15 September 1950). The applicant’s discharge documents do not show the Korean Service Medal (KSM) as an authorized award.

13. The applicant’s WD AGO Form 53-55 shows he was wounded in action on 23 November 1944 in the Asiatic-Pacific Theater of Operations. His records also contain a Battle Casualty Report, dated 3 October 1950, which shows he was slightly injured in action in Korea on 5 September 1950.

14. The applicant’s service personnel records show he served in Vietnam from
3 July 1968 through 3 July 1969 and participated in four campaigns (Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968; Vietnam Counteroffensive VI, 2 November 1968 to 22 February 1969; Tet 69 Counteroffensive, 1969, 23 February 1969 to 8 June 1969; and Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969).

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation (MUC) for actions during the period 1 January 1969 to 30 September 1970 by Department of the Army General Orders Number 50, dated 1971. This award is not shown on the applicant’s retirement DD Form 214 with an effective date of 31 March 1971.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his retirement DD Form 214 with an effective date of 31 March 1971.

17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal (VSM), and the Armed Forces Expeditionary Medal.

18. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

19. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

20. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

22. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

23. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

24. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

25. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

26. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the OSB.

CONCLUSIONS:

1. The applicant’s retirement DD Form 214 with an effective date of 31 March 1971 shows entitlement to the Asiatic-Pacific Campaign Medal.

2. The Board considered the applicant’s contention that his retirement DD Form 214 should be corrected to show the bronze arrowhead affixed to the Philippine Liberation Ribbon. However, the governing regulation states that a bronze arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, not the Philippine Liberation Ribbon. Therefore, the applicant is entitled to correction of his retirement DD Form 214 to show award of the Asiatic-Pacific Campaign Medal with bronze arrowhead.

3. The Board considered the applicant’s contention that he is entitled to the ASR. However, the governing regulation states that the ASR may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he had an Active Army status on or after 1 August 1981. Therefore, the applicant is not entitled to award of the ASR.

4. The Board also considered the applicant’s contention that he is entitled to four awards of the OSR. However, the governing regulation states that the OSR may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. The applicant did not have an Active Army status on or after 1 August 1981. Therefore, the applicant is not entitled to any award of the OSR.

5. The applicant’s contention that he is entitled to two additional awards of the CIB for his service in Korea and in Vietnam is not supported by the evidence of record.

6. Evidence of record shows the applicant served in MOS 311 (infantry communications specialist) during his assignment in Korea. There is no evidence of record available to the Board which shows the applicant served as an infantryman assigned to an infantry unit while engaged in active ground combat in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the CIB for his service in Korea.

7. Evidence of record shows the applicant served in MOS 55D (explosive ordnance disposal specialist) during his assignment in Vietnam. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the CIB for his service in Vietnam.

8. The applicant’s retirement DD Form 214 does not show the KSM as an authorized award. Evidence of record shows the applicant served in Korea from 28 August 1950 to 5 September 1950 and participated in one campaign. Therefore, he is entitled to correction of his retirement DD Form 214 to show award of the KSM with one bronze service star.

9. Based on the applicant’s award of the KSM, the applicant is entitled to award of the UNSM and correction of his retirement DD Form 214 to show this award.

10. The applicant’s retirement DD Form 214 shows entitlement to one award of the Purple Heart. However, evidence of record shows the applicant was wounded in action on 23 November 1944 and on 5 September 1950. Therefore, the applicant is entitled to correction of his retirement DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.

11. The applicant’s retirement DD Form 214 shows the VSM as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his VSM. Therefore, the applicant is entitled to the VSM with four bronze service stars and correction of his retirement DD Form 214 to show these awards.

12. Based on the applicant’s service in Vietnam, he is entitled to correction of his retirement DD Form 214 to show two awards of the OSB.

13. The applicant’s unit was cited for award of the MUC while he was assigned to it. Therefore, the applicant is entitled to correction of his retirement DD Form 214 to show this award.

14. The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, he is entitled to correction of his retirement DD Form 214 to show this unit citation.

15. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entries, “APCM” [Asiatic-Pacific Campaign Medal], “Purple Heart” and “VSM” [Vietnam Service Medal] from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 31 March 1971 of the individual concerned;

         b. by adding the entries “Asiatic-Pacific Campaign Medal with bronze arrowhead”, “Korean Service Medal with one bronze service star”, “United Nations Service Medal”, “Purple Heart with First Oak Leaf Cluster”, “Vietnam Service Medal with four bronze service stars”, “two awards of the Overseas Service Bar”, “Meritorious Unit Commendation” and “Republic of Vietnam Gallantry Cross with Palm Unit Citation” in item 24 on his DD Form 214.
                 
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

GP_____ DJ______ REB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __George Paxson_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062502
SUFFIX
RECON
DATE BOARDED	20020326
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.