1



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 March 2004
      DOCKET NUMBER:   AR2003090652


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Mae M. Bullock                |     |Member               |
|     |Mr. Patrick H. Mcgann             |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son of a deceased former service member (FSM),
requests correction of his late father’s military records to reflect all
awards and decorations received by the FSM during his service in the Army.
In addition, the applicant specifically requests that the records of the
FSM show:

      a. the Combat Infantryman Badge;


      b. the French Fourragere;


      b. combat service in Korea during the Korean War;


      c. the Korean War Service Medal;


      d. the United Nations Service Medal; and,


      e. the Republic of Korea Presidential Unit Citation.

2.  The applicant states that combat service in the Korean War and the
above-mentioned awards are not reflected in the FSM’s retirement DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of the FSM’s DD Form 214 and a hand-
written “Personal History” of the FSM.  The applicant also provides a
detailed description of the awards he feels the FSM is entitled to.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 31
January 1970.  The application submitted in this case is dated 27 April
2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The FSM’s military records show that he enlisted in the Army on 28
December 1939 and completed training as an Infantryman.  The FSM served in
the Asiatic-Pacific Theater with Company G, 21st Infantry Regiment from 1
March 1940 to 14 June 1943.  He returned to the United States prior to
deploying to the European-African-Middle Eastern Theater of Operations on 9
December 1944 where he served with Company G, 22 Infantry Regiment.  The
FSM served in France, Germany and Austria during this time.  He again
returned to the United States, and then was assigned to Japan, where he
served with the 19th Infantry Regiment from 19 June 1948 to 24 February
1950.  The FSM remained on active duty, retiring on 31 January 1970 in pay
grade E-8.  During his career, the FSM served other overseas tours, to
include Korea (6 January 1961 to 9 January 1962) and Germany (29 July 1966
to 23 October 1968).  His records show that he served in the following
campaigns: Central Pacific; Ardennes-Alsace; Central Europe; and,
Rhineland.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the FSM’s retirement DD Form 214
shows the following awards: the National Defense Service Medal with oak
leaf cluster; the American Defense Service Medal; the Good Conduct Medal
(3d Award); the Army of Occupation Medal with Germany Clasp; the Army
Commendation Medal; the Asiatic-Pacific Campaign Medal; and, the European-
African-Middle Eastern Campaign Medal.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time,
provides that all decorations, service medals, campaign credits and badges
awarded or authorized, are to be entered in Item 24 of a soldier’s DD Form
214.

6.  The FSM’s service personnel records show that he was entitled to the
following additional awards and badges upon his retirement on 31 January
1970: the Combat Infantryman Badge (for service in World War II); the
American Campaign Medal; the World War II Victory Medal, the Army of
Occupation Medal with Japan Clasp; the Philippine Presidential Unit
Citation; the Expert Marksmanship Badge with Carbine, Pistol, and Bayonet
bars; the Excellence in Competition Badge, Pistol; the Distinguished Pistol
Shot Badge; the Honorable Service Lapel Button, WW II; and, six overseas
service bars.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

8.  Army Regulation 600-8-22, in pertinent part, 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.  The regulation also
provides that a bronze service star will be worn to denote additional
awards of the National Defense Service Medal.

9.  Army Regulation 600-8-22 provides for award of the French Fourragere as
an approved foreign unit award.  The French Fourragere may be awarded by
the French Government when a unit has been cited twice for award of the
French Croix de Guerre.  When a unit is cited twice for the Croix de
Guerre, then the colors of the fourragere are red and green.  When a unit
is cited four times, the colors of the fourragere are yellow and green.
Award of the fourragere is not automatic and requires a decree by the
French Government, and persons who were only in one action are not
authorized to wear the fourragere.  When a unit was cited only one time for
award of the French Croix de Guerre there was no individual device, medal
or ribbon authorized for wear by members of the unit.

10.  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.

11.  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.

12.  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
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 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Korean
government awards the Republic of Korea Presidential Unit Citation.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in World War II.  This document shows the unit to which the
applicant was assigned, was cited for award of the Meritorious Unit
Commendation for actions during the period 1 March to 1 May 1945, by
Headquarters, 42d Infantry Division General Orders Number 157, dated 13
September 1945.
DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the FSM was awarded and is entitled to
have the following additional awards added to his DD Form 214: the Combat
Infantryman Badge; the American Campaign Medal; the World War II Victory
Medal; the Army of Occupation Medal with Japan Clasp; the Philippine
Presidential Unit Citation; the Expert Marksmanship Badge with Carbine,
Pistol, and Bayonet bars; the Excellence in Competition Badge, Pistol; the
Distinguished Pistol Shot Badge; the Honorable Service Lapel Button, WW II;
and, six overseas service bars.  Therefore, he is entitled to correction of
his retirement DD Form 214 to reflect these awards.

2.  As a result of being awarded the Combat Infantryman Badge during World
War II, the FSM is entitled to award of the Bronze Star Medal and
correction of his records to show this decoration.

3.  There is no evidence that FSM’s unit was awarded the French Fourragere.
 Therefore, he is not entitled to correction of his records to show this
foreign unit award.

4.  There is no evidence that the FSM served in Korean War Theater of
Operations between 27 June 1950 and 27 July 1954.  Therefore, he is not
entitled to correction of his records to show wartime service in Korea, or
to awards of the Korean Service Medal, the Korean War Service Medal, the
United Nations Service Medal or the Republic of Korea Presidential Unit
Citation.

5.  Evidence of record shows that the FSM is entitled to two awards of the
National Defense Service Medal.  Therefore, his retirement DD Form 214
should be corrected to show this service medal with one bronze service
star.

6.  Evidence record shows that the FSM received the Asiatic-Pacific
Campaign Medal and participated in one campaign.  As a result, the FSM is
entitled to award of one bronze service star, to be affixed to the Asiatic-
Pacific Campaign Medal and correction of his records to show this
appurtenance.

7.  Evidence record shows that the FSM is received the European-African-
Middle Eastern Campaign Medal and participated in three campaigns.  As a
result, the FSM is entitled to award of three bronze service stars, to be
affixed to the European-African-Middle Eastern Campaign Medal and
correction of his records to show these appurtenances.

8.  General Orders show that the FSM’s unit was awarded the Meritorious
Unit Commendation while the FSM was assigned to the unit.  Therefore, he is
entitled to correction of his records to show this unit award.
BOARD VOTE:

___jns___  __mmb _  ___phm__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding to his
retirement DD Form 214:

      a. the Combat Infantryman Badge;

      b. the Bronze Star Medal;

      c. the American Campaign Medal;

      d. the World War II Victory Medal;


      e. the Army of Occupation Medal with Germany and Japan clasps


      f. the Philippine Presidential Unit Citation;


      g. the Expert Marksmanship Badge with Carbine, Pistol, and Bayonet
bars;


      h. the Excellence in Competition Badge, Pistol;


      i. the Distinguished Pistol Shot Badge;


      j. the Meritorious Unit Commendation;


      k. the Honorable Service Lapel Button, WW II; and,


      l. six overseas service bars.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to:

      a. the French Fourragere;


      b. reflection of combat service in Korea during the Korean War;


      c. the Korean War Service Medal;


      d. the United Nations Service Medal; and,


      e. the Republic of Korea Presidential Unit Citation.







            _________John N. Slone__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090652                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040311                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |