PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002074005


         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
Mr. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yolanda Maldonado		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 deceased former service member's (FSM) wife requests that the FSM's final Report of Separation (DD Form 214) be corrected to show all of his awards and decorations as well as documenting his foreign service in Korea.

3. The applicant states that she would like to have her late husband's records corrected to show all of his awards and decorations and all of his overseas service thereby showing entitlement to award of the Korean War Service Medal.

4. The FSM's military records show that he entered active duty on 4 December 1930 and had continuous service until 30 June 1953. He was retired in the grade of master sergeant (E-7) and transferred to the Retired Reserve with 22 years, 6 months, and 27 days of service.

5. From prior to his 19 August 1939 reenlistment through 17 January 1944, he was assigned to the 3^rd Ordinance Medium Maintenance Company, and with the Headquarters Company, 43^rd Ordinance Battalion through its departure from Germany.

6. The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation), for the period 19 August 1939 through 12 November 1945, shows award of the Good Conduct Medal, the American Defense Service Medal and the European-African-Middle Eastern Campaign Medal (EAMECM) with 5 bronze service stars.

7. The FSM's WD AGO Form 53-55 for the period 13 November 1945 through 12 November 1948, shows award of the World War II (WW II) Victory Medal, the Army of the Occupation Medal with Germany clasp, the American Theater of Operations Medal and that he qualified as a marksman with the M-1.

8. In 1952, as the FSM was approaching his expiration of term of service, he requested that he be allowed to remain on active duty until 30 June 1953. This request was granted and he reenlisted on 22 August 1952.

9. The FSM's available record does not contain his service records or a discharge document for the entire period of 12 November 1948 through 21 August 1952.

10. The DD Form 214, issued 30 June 1953, shows a reenlistment on 22 August 1952 and a period of service of 10 months and 9 days. It shows a total net service of 22 years, 6 months and 27 days. At block 27, (Awards, medals, decorations, badges, and citations awarded or authorized) lists none.

11. The FSM's DA Form 20 (Enlisted Qualification Record) shows that the FSM qualified as a marksman with a pistol on 7 June 1952 and with the M-1 rifle and carbine on 26 September 1952. The DA Form 20 lists the FSM's awards as the Good Conduct Medal with clasp with 3 loops, the American Defense Service Medal, the EAMECM with 5 bronze service stars, the Army of the Occupation Medal with Germany and Japan clasps and the Korean Service Medal with 2 bronze service stars.

12. The FSM's DA Form 20 also shows his periods of foreign service as 15 May 1931 to 15 November 1933, in the Philippine Islands; 1 November 1942 to 19 September 1945, in the European Theater of Operations; and 2 October 1950 to 31 July 1952, in Korea and Japan.

13. A review of the Department of the Army Pamphlet 672-1(DA Pam 672-1), Unit Citation and Campaign Participation Credit Register shows that both the 3^rd Ordinance Company and the Headquarters Company, 43^rd Ordinance Battalion received credit for occupation duty in Germany during World War II.

14. The DA Pam 672-1 also shows that, during the time that the FSM was assigned to the 3rd Ordinance Company, it received the French Croix De Guerre and the Belgian Fouragere and was credited with participation in 5 campaigns.

15. Army Regulation 600-8-22, paragraph 2-10, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.

16. Army Regulation 600-8-22, paragraph 5-8, 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.

17. Army Regulation 600-8-22, paragraph 5-10, provides that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. Qualifying service in Japan included service in the Japan between 3 September 1945 and 27 April 1952.

18. Army Regulation 600-8-22, paragraph 5-11, provides for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

19. Army Regulation 600-8-22, paragraph 5-12, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.

20. Army Regulation 600-8-22, paragraph 5-16, provides for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

21. Army Regulation 600-8-22, paragraph 6-7, authorizes 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal and the Korean Service Medal.

22. Army Regulation 600-8-22, paragraph 8-44, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. Table 8-2, which lists the weapons for which component bars are authorized, includes the rifle, pistol, and carbine.

23. Army Regulation 600-8-22, paragraph 9-12, 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.

24. Army Regulation 635-5 provides instructions for completing the DD Form 214. The current regulation directs, in pertinent part, that the DD Form 214 will list all periods of foreign service and reflect all awards and decorations earned during the service member's entire period of service.

25. As a matter of information, on the occasion of the 50th 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 heroic 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans or their next of kin. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans (or next of kin) must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to the FSM's DD Form 214.

CONCLUSIONS:

1. The Board finds that during the FSM's 22 years of service, several awards and periods of foreign service were omitted from the appropriate documents.

2. Additionally, during the 22 years regulations governing the proper entries on a DD Form 214 have changed and have continued to change regarding when a service member receives a discharge document and what information was to be placed on the document.

3. At the time of the FSM's last reenlistment the regulations required the issuance of a DD Form 214. No such document is of record.

4. Since the FSM's records from the period of 13 November 1945 through 21 August 1952 are no longer available to recreate a proper DD Form 214 for this enlistment, the Board concludes that it is most appropriate to direct that only the FSM's final discharge document be corrected to reflect his total period of service including notations of all of his periods of foreign service and to bring forward all awards, decorations, badges, citations and campaign credit that the FSM received.

5. The Board finds that the FSM had foreign service of 15 May 1931 to 15 November 1933, in the Philippine Islands; 1 November 1942 to 19 September 1945, in the European Theater of Operations; and 2 October 1950 to 31 July 1952, in Korea and Japan.

6. The Board further finds that it is in the interest of justice to show that the FSM was awarded or authorized the following awards, decorations, and badges: the Good Conduct Medal with 3 bronze loops, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with 5 bronze service stars, the World War II Victory Medal, the Korean Service Medal with 2 bronze service stars, the National Defense Service Medal, the Army of Occupation Medal with Germany and Japan clasps, the Marksman Qualification Badge with Pistol, Rifle, and Carbine bar, the United Nations Service Medal, and unit citations for the French Croix De Guerre and the Belgian Fouragere.

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records for the FSM concerned related to this case be corrected by:

         a. showing the FSM's awards and decorations as: the Good Conduct Medal with 3 bronze loops, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with 5 bronze service stars, the World War II Victory Medal, the Korean Service Medal with 2 bronze service stars, the National Defense Service Medal, the Army of Occupation Medal with Germany and Japan clasps, the Marksman Qualification Badge with Pistol, Rifle, and Carbine bars, the United Nations Service Medal, the French Croix De Guerre (no emblem authorized) and the Belgian Fouragere (no emblem authorized); and,

b. showing that the FSM had the following periods of foreign service: 15 May 1931 to 15 November 1933 in the Philippine Islands; 1 November 1942 to 19 September 1945 in the European Theater of Operations; and 2 October 1950 to 31 July 1952 in Korea and Japan.


BOARD VOTE:

__WTM__ ___CJP_ __YM ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Walter T. Morrison___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074005
SUFFIX
RECON
DATE BOARDED	20030130
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT,(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107
2.
3.
4.
5.
6.