PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2002068829


         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:

Ms. Joann Langston		Chairperson
Mr. John N. Slone		Member
Mr. Terry L. Placek		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 that his Report of Separation, WD AGO Form 53-55, and his Report of Separation, DD Form 214, be amended to add a second Bronze Star Medal (BSM) and/or the BSM with “V” device, a second Army Good Conduct Medal, the Combat Infantryman Badge (CIB), the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the American Campaign Medal (ACM), the Armed Forces Reserve Medal (AFRM), the Expert Infantryman Badge (EIB), the Expert Rifleman-Pistol-Machine Gun Badge, and the Army Service Ribbon (ASR).

3. The applicant states he was a machine gunner during World War II and arrived with the 36^th Division in December 1944 and served through the end of the war and occupation. He served with the Engineers in Korea. He provides his WD AGO Form 53-55 and his DD Form 214 as supporting evidence.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant was inducted into the Army on 11 May 1944. He arrived in the European Theater of Operations on 9 November 1944. General Orders 348, Headquarters, 36^th Infantry Division dated 6 August 1945 awarded him the BSM with “V” device. He departed the theater on 24 April 1946. He separated on 8 May 1946. His WD AGO Form 53-55, item 6 shows his organization as Company H (which the Center for Military History has stated was in the 2d Battalion), 143d Infantry Regiment; item 31 shows that he was awarded the CIB and the Expert Rifle Badge; item 33 shows that he was awarded the BSM (General Orders 348 is listed as the authority but the BSM is not identified as being with “V” device), the World War II Victory Medal, the Army Good Conduct Medal, the Army of Occupation Medal, and the European-African-Middle Eastern Service Medal with two bronze service stars. Item 37 shows he served 5 months and 25 days of continental service. Item 55 shows he was issued the Lapel Button.

6. It appears the applicant served in the Enlisted Reserve Corps not on active duty from 8 May 1946 – 7 May 1949.

7. The applicant entered active service on 19 August 1950 as a member of the Officer Reserve Corps. General Orders 189, Headquarters, 8^th U. S. Army Korea dated 11 April 1952 awarded the MUC to the 434^th Engineer Construction Battalion for the period 21 February to 30 October 1951. He was released from active duty on 21 May 1952. His DD Form 214, item 27 shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal. Item 28 shows his most significant duty assignment was Headquarters and Headquarters Company, 434^th Engineer Construction Battalion. A letter dated 2 October 1952 from the Alabama Military District informed him that he was entitled to award of the MUC.

8. The applicant was discharged from the U. S. Army Reserve on 17 November 1954.

9. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations, the Army Good Conduct Medal, service medals and service ribbons, and combat and special skill badges. It states the BSM may be awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been 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 is considered as a citation for exemplary conduct in ground combat.

10. Army Regulation 600-8-22 states that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 is creditable. The ACM is awarded for service between 7 December 1941 and 2 March 1946 within the continental limits of the United States for an aggregate period of 1 year. The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years, such years of service must have been performed within a period of 12 consecutive years. The ASR was established on 10 April 1981 and is awarded to members for successful completion of initial entry training. It 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. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, and between 2 August 1990 and 30 November 1995, both dates inclusive.

11. Department of the Army Pamphlet 672-1 shows that the 2d Battalion, 143d Infantry Regiment, 36^th Infantry Division was awarded the Distinguished Unit Citation (later redesignated the PUC) for the period 6 – 9 December 1944.

12. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1. The applicant’s WD AGO Form 53-55 already shows that he was awarded the CIB and the Expert Rifle Badge. It shows that he was awarded the BSM but the entry should be amended to show it was the BSM with “V” device. He is also eligible for award of a second BSM based upon his award of the CIB. Department of the Army Pamphlet 672-1 shows that the 2d Battalion of the 143d Infantry Regiment were awarded the PUC for the period 6 – 9 December 1944. The applicant states he arrived in the unit in December 1944. His WD AGO Form 53-55 shows that he arrived in the European Theater of Operations on 9 November 1944. He was awarded the BSM with “V” device for action on 9 February 1945 while assigned to the unit. While it cannot be confirmed that he was assigned to the 2d Battalion, 143d Infantry on 6 December 1944, the Board concludes that any reasonable doubt should be resolved in his favor and that his WD AGO Form 53-55 should be amended to add the PUC.

2. The applicant’s DD Form 214 should be amended to add all the awards authorized to be shown on his WD AGO Form 53-55. In addition, the MUC and the NDSM should be added.

3. There is no evidence to show the applicant is eligible for award of a second Army Good Conduct Medal. A second award would have required a 3-year period of active enlisted service. While there is evidence to show he had a 3-year period of enlisted Reserve service from 8 May 1946 – 7 May 1949, there is no Report of Separation to show this period was served on active duty.

4. There is no evidence of record to show the applicant was awarded the EIB or the Expert Pistol or Machine Gun Badge.

5. The applicant did not meet the eligibility criteria for award of the ACM. He served less than 6 months in the continental United States during this time period. He did not meet the eligibility criteria for award of the AFRM. He first entered the Enlisted Reserve Corps on 8 May 1946 and was discharged from the U. S. Army Reserve on 17 November 1954. The ASR was not established until 10 April 1981 and he did not have an Active Army status on or after 1 August 1981.

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 amended to delete the entry “Bronze Star Medal GO 348 Hq 36^th Inf Div 6 Aug 45” and to show he was awarded the Bronze Star Medal with “V” device and a second Bronze Star Medal and the Presidential Unit Citation.

2. That the applicant’s DD Form 214 be amended to add the Bronze Star Medal with “V” device, and a second Bronze Star Medal, the Presidential Unit Citation, the Combat Infantryman Badge, the Meritorious Unit Commendation, the Army Good Conduct Medal, the World War II Victory Medal, the Army of Occupation Medal, the European-African-Middle Eastern Service Medal with two bronze service stars, the National Defense Service Medal, the Expert Rifle Badge, and the Lapel Button.

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

BOARD VOTE:

__jl____ __jns___ __tlp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068829
SUFFIX
RECON
DATE BOARDED	20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	110.04
2.
3.
4.
5.
6.