RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 January 2006
      DOCKET NUMBER:  AR20050007814


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 requests, in effect, correction of his retirement DD Form
214 (Report of Transfer or Discharge) for the period ending 29 February
1960 to show award of the Army Commendation Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar, the Presidential Unit Citation, six
awards of the bronze service star (correctly known as one silver service
star and one bronze service star) and one bronze arrowhead to be affixed to
the Asiatic-Pacific Campaign Medal, and the Korea Defense Service Medal.

2.  The applicant states, in effect, that not all documentation of his 20-
year Army career was received/sent to the records center.

3.  The applicant provides letters, dated 22 April 2005 and 11 May 2005,
from the National Personnel Records Center, St. Louis, Missouri; a citation
and award certificate for the Commendation Ribbon with metal Pendant; a WD
AGO Form 53 (Enlisted Record and Report of Separation); a certificate,
dated 10 August 1944; a WD AGO Form 53-55 (Enlisted Record and Report of
Separation); general orders, dated 26 February 1960, announcing his
retirement; his retirement DD Form 214; orders for the Combat Infantryman
Badge; an article titled, "A Gimlet at Pearl Harbor;" a letter, dated 7
January 1960, pertaining to mustering out pay; and a Letter of
Commendation, dated 1 September 1954.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
29 February 1960.  The application submitted in this case is dated 17 May
2005.
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 applicant enlisted on 7 February 1940.  He served as a rifleman in
the Asiatic-Pacific Theater of Operations from 29 April 1940 (served in
Hawaii from 29 April 1940 to 18 October 1943) through 25 May 1944 and was
honorably discharged on 24 October 1945.

4.  The applicant's service record shows he was assigned to Company F, 21st
Infantry Regiment during his assignment in the Asiatic-Pacific Theater of
Operations.  Item 32 (Battles and Campaigns) on the applicant's WD AGO Form
53-55 shows the entry, "Served at Schofield Bks. T.H. [Barracks Tripler
Hawaii] During Japanese attack on the island of Oahu 7 Dec 41."  His WD AGO
Form 53-55 shows the Asiatic-Pacific Campaign Medal, the Good Conduct
Medal, the Combat Infantryman Badge, the American Defense Service Ribbon,
and the American Campaign Medal as authorized awards.

5.  The Medals, Decorations, and Citations section of the applicant's WD
AGO Form 24C (Service Record) shows the applicant was awarded the Good
Conduct Medal, the American Defense Service Medal, the Asiatic-Pacific
Campaign Medal, the Combat Infantryman Badge, and one bronze service star
to be affixed to the Asiatic-Pacific Campaign Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the applicant's unit was not
cited for the Distinguished Unit Citation (currently known as the
Presidential Unit Citation) while he was assigned to it.

7.  Department of the Army Pamphlet 672-1 also shows the applicant's unit
was not cited for an assault landing while he was assigned to it.  There is
no evidence of record which shows the applicant was awarded the bronze
arrowhead or that he participated in a combat parachute jump, helicopter
assault landing, combat glider landing, or amphibious assault landing
during World War II.

8.  In support of his claim, the applicant provided a certificate, dated 10
August 1944, which states he is entitled to purchase and wear the Good
Conduct Medal, the Asiatic-Pacific Theatre Ribbon (correctly known as the
Asiatic-Pacific Campaign Medal), the American Defense Ribbon (correctly
known as the American Defense Service Medal), the "Presidential Citation"
(correctly known as the Presidential Unit Citation), and three bronze
stars.  Six awards of the Overseas Service Bar and "one arrow" were
handwritten in on this certificate.

9.  The applicant enlisted on 25 October 1945, served as a disciplinary
guard, and was honorably discharged on 24 October 1948.  His WD AGO Form 53
shows the entry, "None" in item 33 (Decorations and Citations).

10.  The applicant enlisted on 25 October 1948 for a period of 3 years and
was honorably discharged on 24 October 1951 for immediate reenlistment.
His DD Form 214 (Report of Separation from the Armed Forces of the United
States) for the period ending 24 October 1951 shows the entry, "None (This
period)" in item 27 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).

11.  The applicant reenlisted on 25 October 1951 for a period of 3 years.
He served in Germany from 1 March 1953 through 4 September 1954 and was
honorably discharged on 16 September 1954 for immediate reenlistment.  He
reenlisted on 17 September 1954 for a period of 5 years.  He served in
Korea from 6 August 1957 through 27 September 1958 and was honorably
discharged on 16 September 1959 for immediate reenlistment.

12.  The applicant's DD Form 214 for the period ending 16 September 1959
shows the entry, "NA" [not applicable] in item 26 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized).

13.  The applicant reenlisted on 17 September 1959 for a period of 3 years.
 On 29 February 1960, the applicant retired in the rank of first sergeant
after completing over 20 years of active duty.

14.  The applicant's retirement DD Form 214 shows the National Defense
Service Medal, the Army of Occupation Medal with Germany Clasp, and the
Good Conduct Medal with 1st Clasp as authorized awards.

15.  The applicant provided a citation and award certificate which
indicates he was awarded the Commendation Ribbon with Metal Pendant for
meritorious service during the period 4 November 1958 through 1 February
1960.

16.  Item 28 (Qualification in Arms) on the applicant's DA Form 20
(Enlisted Qualification Record) shows he qualified expert on the M-1 rifle
on 22 September 1959.

17.  In support of his claim, the applicant provided a copy of
Headquarters, Fort Leonard Wood General Orders Number 30, dated 26 February
1960, which announced his retirement and stated, in pertinent part, that
his service was recognized by award of the Asiatic-Pacific Campaign Medal
with one silver service star and one bronze service star.

18.  Paragraph 3-16 of Army Regulation 600-8-22 (Military Awards) provides,
in pertinent part, that awards of the Army Commendation Ribbon and of the
Commendation Ribbon with Metal Pendant were redesignated by Department of
the Army General Orders, 10, dated 31 March 1960, as awards of the Army
Commendation Medal, without amendment of orders previously issued.

19.  Army Regulation 600-8-22 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.

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  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.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

22.  Army Regulation 600-8-22 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, and the Armed Forces
Expeditionary Medal.

23.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.
24.  The Secretary of Defense approved the implementing instructions and
criteria for the Korea Defense Service Medal on 3 February 2004.  The Korea
Defense Service Medal is authorized to members of the Armed Forces who have
served on active duty in support of the defense of the Republic of Korea
from
28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Commendation
Medal with Metal Pendant.  Since an award of the Commendation Ribbon with
Metal Pendant was redesignated as an award of the Army Commendation Medal,
the applicant is entitled to correction of his DD Form 214 for the period
ending 29 February 1960 to show award of the Army Commendation Medal.

2.  Evidence of record shows the applicant qualified expert on the M-1
rifle on
22 September 1959.  Therefore, he is entitled to award of the Expert
Marksmanship Qualification Badge with Rifle Bar and correction of his DD
Form 214 for the period ending 29 February 1960 to show this marksmanship
badge.

3.  Although the 10 August 1944 certificate provided by the applicant which
states he is entitled to the "Presidential Citation" and "one arrow,"
Department of the Army Pamphlet 672-1 shows the applicant's unit was not
cited for the Presidential Unit Citation or an assault landing while he was
assigned to it during World War II.  Therefore, there is insufficient
evidence on which to base award of the Presidential Unit Citation or one
bronze arrowhead to be affixed to the Asiatic-Pacific Campaign Medal in
this case.

4.  The applicant's service record shows he was awarded one bronze service
star to be affixed to the Asiatic-Pacific Campaign Medal.  In the absence
of orders or other evidence of record showing that he participated in
additional campaigns, the 10 August 1944 certificate provided by the
applicant which states he is entitled to three bronze service stars, and
the general orders announcing his retirement which states he is entitled to
the Asiatic-Pacific Campaign Medal with one silver service star and one
bronze service star, are not sufficient as a basis for any additional
awards of the bronze service star.  Therefore, the applicant's DD Form 214
for the period ending 29 February 1960 should be corrected to show the
Asiatic-Pacific Campaign Medal with only one bronze service star.

5.  Based on award of the Combat Infantryman Badge during World War II, the
applicant is entitled to award of the Bronze Star Medal.



6.  The applicant served a period of qualifying service for award of the
Korea Defense Service Medal.  Therefore, his DD Form 214 for the period
ending
29 February 1960 should be corrected to show this medal.

7.  It would be appropriate at this time to correct the applicant's
retirement DD Form 214 for the period ending 29 February 1960 to show all
awards and decorations to which he is entitled.  Therefore, this DD Form
214 should be amended to also add award of the Combat Infantryman Badge,
the American Defense Service Ribbon, and the American Campaign Medal.

8.  Records show the applicant should have discovered the alleged errors
now under consideration on 29 February 1960; therefore, the time for the
applicant to file a request for correction of any error expired on 28
February 1963.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

SP_____  __CD___  ___KJ___  GRANT PARTIAL 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 amending his DD Form
214 for the period ending
29 February 1960 to add award of the Army Commendation Medal, the Expert
Marksmanship Qualification Badge with Rifle Bar, the Asiatic-Pacific
Campaign Medal with one bronze service star, the Korea Defense Service
Medal, the Combat Infantryman Badge, the American Defense Service Ribbon,
the American Campaign Medal, and the Bronze Star Medal (based on award of
the Combat Infantryman Badge).

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
award of the Presidential Unit Citation, five additional awards of the
bronze service star, and one bronze arrowhead to be affixed to the Asiatic-
Pacific Campaign Medal.




            ____Shirley Powell____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007814                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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