RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         FEBRUARY 15, 2005
      DOCKET NUMBER:  AR2004101795


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      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 spouse of a deceased former service member (FSM),
requests, in effect, that a DD Form 215, Correction to DD Form 214, be
issued to add all the medals her husband was issued, to his separation
document.

2.  The applicant states, in effect, that they [the medals] were never
recorded on her husband's multiple separations documents.

3.  The applicant provides a copy of the FSM's death certificate, which
identifies her as the surviving spouse, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 January 1963.  The application submitted in this case is
dated 11 December 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.  A DA Form 1505, Statement of Service, on file in the FSM's service
personnel records shows that he served in the United States Marine Corps,
in an enlisted status, from 25 November 1939 to 13 October 1945.

4.  A copy of a separation document for the above Marine Corps service is
not available; however, the Office of The Adjutant General certified this
service, for pay purposes.

5.  The FSM's WD AGO Form 24A, Service Record, shows that on his enlistment
in the Army, an entry was made in Section 21 (Medals, Decorations and
Citations) showing that he had been awarded the Purple Heart while he
served in the Marine Corps.  The entry was transcribed from the FSM's
Marine Corps Honorable Discharge Certificate.  The entry is
supported/corroborated by a Standard Form 89, Report of Medical History,
dated 9 August 1951, which shows
in Item 21, in response to the question, "Have you had accidents or
injuries other than those listed above?"  The FSM responded, "Yes, shrapnel
wound both arms, legs, and head, 23 November 1943 at age 22."  This report
was further corroborated in a SF 89 in which appears the entry, "shrapnel
wound on both arms, legs, and head, 23 November 1943, Tarawa, Gilbert
Islands."  The Purple Heart has not been included on any of the FSM's Army
separation documents.

6.  The evidence of record shows that the FSM enlisted in the United States
Army on 21 May 1948 and he entered active duty on the same date.  He was
honorably discharged on 6 August 1949, in the rank of Sergeant, for the
purpose of immediate reenlistment in the Army.  The WD AGO Form 53,
Enlisted Record and Report of Separation – Honorable Discharge, that the
FSM was issued, shows, in Item 33 (Decorations and Citations), that he was
awarded the Good Conduct Medal during this period.  No other awards or
decorations are shown.

7.  The FSM reenlisted in the Army on 7 August 1949 and he was honorably
discharged on 13 November 1951, in the rank of Sergeant First Class, for
the purpose of accepting an appointment in the United States Army Reserve
as a Warrant Officer, Junior Grade.  The DD Form 214, Report of Separation
from the Armed Forces of the United States, shows that he received the
Combat Infantryman Badge; the Army of Occupation Medal, with Japan Clasp;
the Bronze Star Medal; the First Cluster to Bronze Star; the Republic of
Korea Presidential Unit Citation; the Distinguished Unit Citation
[correctly known then as the Distinguished Unit Emblem]; and the Korean
Service Medal, with four bronze service stars.  No other awards are shown.

8.  The FSM's DD Form 214, with an effective date of 13 November 1951,
shows that he was awarded the Bronze Star Medal and the First Cluster to
Bronze Star. These entries are not entirely correct.  The FSM was awarded
the Bronze Star Medal, with "V" Device, for heroic achievement near Haman,
Korea, on 18 August 1950, by General Orders 197, Headquarters, 25th
Infantry Division, dated 26 September 1950.  The FSM was also awarded the
Bronze Star Medal, with "V" Device, for heroic achievement near Saga,
Korea, on 19 August 1950, by General Orders 474, Headquarters, 25th
Infantry Division, dated 12 December 1950.

9.  The FSM's DD Form 214, with an effective date of 13 November 1951,
shows that he was awarded the Korean Service Medal, with four bronze
service stars, to denote his campaign participation credit; however, it
does not show that he was
awarded the United Nations Service Medal and the National Defense Service
Medal.

10.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995, and 11
September 2001 to a date to be determined.

11.  AR 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.  A DA Form 66, Officer Qualification Record, was prepared for the FSM.
This qualification record was signed by the FSM on 21 February 1962.  This
qualification record, in Item 21 (Awards and Decorations), shows that the
FSM received the following awards throughout his service career:  The
Bronze Star Medal, with "V" Device; the Bronze Star Medal, with "V" Device
and with oak leaf cluster; the Purple Heart; the Good Conduct Medal; the
American Defense Service Medal, with clasp; the American Campaign Medal;
the Asiatic Pacific Campaign Medal; the World War II Victory Medal; the
Korean Service Medal; the National Defense Service Medal; the United
Nations Service Medal; the (Navy) Presidential Unit Citation, with star;
the Republic of Korea Presidential Unit Citation; the Combat Infantryman
Badge; the Distinguished Unit Emblem [now known and hereafter referred to
as the Presidential Unit Citation]; eight overseas service bars, the Armed
Forces Reserve Medal; and the Army of Occupation Medal, with Japan clasp.

13.  The FSM served on active duty from 14 November 1951 until 31 January
1963 when he was honorably released from active duty, in the rank and pay
grade, Chief Warrant Officer, W-3, for the purpose of retirement.  The DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge, the FSM was issued on his retirement date, shows he was awarded
the Armed Forces Reserve Medal.  No other awards are shown on this DD Form
214.

14.  The FSM was awarded the Army Commendation Medal, by General Orders
Number 74, Headquarters, US Army Artillery and Missile Center, Fort Sill,
Oklahoma, dated 14 March 1963.  This award is not shown on the FSM's
DD Form 214, with an effective date of 31 January 1963, nor on the Officer
Qualification Record dated 21 February 1962 because orders were not
published until after he retired.

15.  The FSM was on active duty as an Army Warrant Officer in the second
period during which the National Defense Service Medal was awarded for
honorable active service, 1 January 1961 through 14 August 1974.  The
National Defense Service Medal, with oak leaf cluster, was not included on
the FSM's DD Form 214, with an effective date of 31 January 1963, nor on
the Officer Qualification Record dated 21 February 1962.

16.  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.  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 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
his DD Form 214.

17.  AR 635-5 prescribes policies and procedures regarding separation
documents.  Interim change 1 to the regulation dated 2 October 1989 changed
the policy regarding entries that are to be made in the block for the
recording of awards and decorations awarded to a Soldier.  The current
policy is that entries in the block for decorations, medals, badges,
citations, and campaign ribbons, awarded or authorized, will be for all
periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Purple Heart for wounds he received in action
on 23 November 1943 while he was a member of the U.S. Marine Corps.  This
service in the Marine Corps also earned the FSM the World War II Victory
Medal;
the American Defense Service Medal, with clasp; the American Campaign
Medal; and the Asiatic-Pacific Campaign Medal.  These awards are recorded
on the FSM's Officer Qualification Record; however, they have not been
recorded on any of the FSM's Army-issued separation documents.

2.  The entries shown on the FSM's DD Form 214, with an effective date of
13 November 1951, as they pertain to award of the Bronze Star Medal, are
incorrect.  These entries were not correctly recorded and they do not
indicate the valor that was displayed by the FSM in earning these awards.
These entries should have been consolidated into one entry and should have
been shown as the:  "Bronze Star Medal, with oak leaf cluster, and with "V"
Device.

3.  The FSM served in Korea during the Korean War.  He was awarded the
Korean Service Medal, with four bronze service stars.  Award of the Korean
Service Medal automatically establishes eligibility for award of the United
Nations Service Medal.  The United Nations Service Medal is recorded on the
FSM's Officer Qualification Record; however, it has not been recorded on
any of the FSM's previously issued separation documents.

4.  The FSM served honorably on active duty through two qualifying periods
for award of the National Defense Service Medal.  Only one National Defense
Service Medal is recorded on the FSM's Officer Qualification Record and,
neither the National Defense Service Medal nor the National Defense Service
Medal, with oak leaf cluster, have ever been shown on any of the FSM's
separation documents.  The FSM is entitled to award of the National Defense
Service Medal, with oak leaf cluster, and to have it shown on his DD Form
214.

5.  The FSM was awarded the Army Commendation Medal for meritorious service
on completion of his career at Fort Sill, Oklahoma, on 31 January 1963.
The Army Commendation Medal was omitted from the FSM's last issued DD Form
214.  It would be appropriate to add this award to the FSM's separation
document at this time.

6.  The evidence shows that the following awards and decorations already
appear on either the FSM's WD AGO 53 or DD Form 214:  The Bronze Star
Medal; the First Cluster to the Bronze Star; the Good Conduct Medal; the
Combat Infantryman Badge; the Army of Occupation Medal, with Japan Clasp;
the Republic of Korea Presidential Unit Citation; the Presidential Unit
Citation; the Korean Service Medal, with four bronze service stars; and the
Armed Forces Reserve Medal.

7.  The following awards and decorations were awarded to the FSM but do not
appear on any Army-issued separation documents:  the Purple Heart; the Army
Commendation Medal; the National Defense Service Medal, with oak leaf
cluster; the World War II Victory Medal; the United Nations Service Medal;
the American Defense Service Medal, with clasp; the American Campaign
Medal; the Asiatic-Pacific Campaign Medal; the (Navy) Presidential Unit
Citation, with star; and eight overseas service bars.

8.  In the interest of providing the applicant a consolidated listing of
all awards and decorations to which her spouse, the FSM, was entitled, and
in the interest of preserving administrative time, the provisions of the
current regulation applicable to the preparation of DD Forms 214 will be
applied in this case.

BOARD VOTE:

jlp  _____  tap _____  kwl_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  adding the already-awarded Army Commendation Medal to the FSM's
DD Form 214, with an effective date of 31 January 1963 [award shown in
consolidation below];

      b.  awarding the FSM the National Defense Service Medal, with oak leaf
cluster, and adding this service medal to his DD Form 214, with an
effective date of 31 January 1963 [award shown in consolidation below];

      c.  using the entries on the DD Form 214, with an effective date of
13 November 1951, insofar as the Bronze Star Medal are concerned, as a
springboard, entering this award correctly as the "Bronze Star Medal, with
oak leaf cluster and with "V" Device" on the single correctional document
which is recommended in the paragraph below [award shown in consolidation
below]; and 

      d.  applying the current policy and procedures of AR 635-5 and
creating a single correctional document to show, on the DD Form 214, with
an effective date of 31 January 1963, that the FSM earned the following
awards and decorations throughout his military service career as follows:
the Bronze Star Medal, with oak leaf cluster and with "V" Device; the
Purple Heart; the Army Commendation Medal; the Good Conduct Medal; the
American Defense Service Medal, with clasp; the American Campaign Medal;
the Asiatic-Pacific Campaign Medal; the World War II Victory Medal; the
Army of Occupation Medal, with Japan clasp; the National Defense Service
Medal, with oak leaf cluster; the Korean Service Medal, with four bronze
service stars; the United Nations Service Medal; the Presidential Unit
Citation; the (Navy) Presidential Unit Citation, with star; the Republic of
Korea Presidential Unit Citation; the Combat Infantryman Badge; and eight
overseas bars.  The Armed Forces Reserve Medal already appears on the DD
Form 214 and it will be left unchanged.




                            __   _Jennifer L. Prater___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101795                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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