RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         22 August 2006
      DOCKET NUMBER:  AR20050017865


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 correction of his separation documents to show
the following awards: the World War II Victory Commemorative Medal, the
Combat Service Commemorative Medal, the Asiatic-Pacific Victory
Commemorative Medal, the Korean Presidential Unit Citation Commemorative
Medal, the 50th Anniversary Korean Defense Commemorative Medal, the Cold
War Victory Commemorative Medal, the United States Army Service
Commemorative Medal, the United States Armed Forces Retired Service
Commemorative Medal, the Armed Forces Service Medal, the Philippine Defense
Medal, the Philippine Independence Medal, the Republic of Korea - Korean
War Service Medal, the Philippine Presidential Unit Citation, the Korean
Defense Commemorative Medal, the American Campaign Medal, the Army
Commendation Medal, the Army Achievement Medal, the U.S. Army Service
Commemorative Medal, four Overseas Service Commemorative Medals
(Philippine, Korea, Germany, and Guam), and two Combat Service
Commemorative Medals (Philippine and Korea).

2.  The applicant states, in effect, these awards are not annotated on his
separation documents.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation – Honorable Discharge) and four DD Forms 214
(Certificate of Release or Discharge from Active Duty) which covers his
military career in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1964, the date of his retirement.  The application
submitted in this case is dated 12 December 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 limitations 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 has requested twelve commemorative medals which are not
official medals issued by the Department of the Army.   The applicant may
purchase these medals through a private dealer; however, Army Regulation
635-5 (Separation Documents) does not authorize annotation of these medals
on a DD Form 214.  Therefore, these medals will not be further discussed in
this case.

4.  The applicant has requested correction of his military records to show
award of the Army Commendation Medal and award of the Army Achievement
Medal.  However, there are no orders or other evidence that the applicant
was authorized these awards.  In the absence of authority for these awards,
the applicant may request award of the Army Commendation Medal and award of
the Army Achievement Medal under the provisions of Section 1130 of Title
10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for these awards under
Section 1130 and, as a result, they will not be discussed further in this
case.

5.  The applicant enlisted in the Army on 25 September 1941 for a period of
3 years.  After completion of basic and advanced individual training, he
was awarded military occupational specialty 504 (Ammunition Bearer).  The
applicant served in the Asiatic-Pacific Theater of Operations during the
period 7 April 1942 through approximately 15 May 1945 and the Republic of
Korea during the period 29 August 1950 through 11 October 1951.  On 31 July
1964, the applicant was honorably released from active duty for retirement.

6.  The applicant's WD AGO Form Number 24 (Service Record) covering the
period 25 September 1941 through 24 May 1945 shows that during his service
in the Asiatic-Pacific Theater of Operations, he was assigned to the
following units:

      a.  165th Infantry Regiment of the 27th Infantry Division during the
period 15 January 1942 through 17 January 1942;

      b.  108th Infantry Regiment of the 40th Infantry Division during the
period 18 January 1942 through 5 March 1945; and

      c.  185th Infantry Regiment of the 40th Infantry Division during the
period 6 March 1945 through 24 May 1945.

7.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
(Enlisted Record and Report of Separation – Honorable Discharge) shows he
was credited for the Luzon campaign.  Item 33 (Decorations and Citations)
of this form shows he was awarded the Asiatic-Pacific Campaign Medal with
one bronze star, the American Defense Service Medal, the Philippine
Liberation Medal with one bronze star, and the Good Conduct Medal.

8.  Department of the Army Office of the Adjutant General [Washington, DC]
Letter Orders, dated 18 May 1950, awarded the applicant the Bronze Star
Medal for exemplary conduct in ground combat against the armed enemy.  The
Bronze Star Medal was awarded based on General Orders Number 7, dated 8
February 1945, which awarded the applicant the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to the 108th Infantry Regiment of the 40th Infantry Division,
the unit was cited for award of the Philippine Presidential Unit Citation
for actions during the period 17 October 1944 through 4 July 1945 by
Department of the Army General Orders Number 47, dated 1950.

11.  Department of the Army Pamphlet 672-1 lists campaigns participated by
units during World War II.  This document shows that during the applicant’s
assignment with the 165th Infantry Regiment and the 108th Infantry
Regiment, they participated in the Central Pacific, the Bismarck
Archipelago, the Leyte, the Luzon, and the Southern Philippines campaigns.

12.  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 Asiatic-Pacific Campaign Medal.  A silver service
star is authorized in lieu of five bronze service stars.

13.  Paragraph 9-14 of Army Regulation 600-8-22 (Military Awards) provides
that the Philippine Defense Ribbon is awarded for service in the defense of
the Philippines from 8 December 1941 to 15 June 1942, under either of the
following conditions:  (a) participation in any engagement against the
enemy in the Philippine territory, in Philippine waters, or in the air over
the Philippines or over Philippine waters.  An individual will be
considered as having participated in an engagement if they meet one of the
following:  (1) was a member of the defense garrison of the Bataan
Peninsula or of the fortified islands at the entrance to Manila Bay; (2)
was a member of and present with a unit actually under enemy fire or air
attack; (3) served on a ship which was under enemy fire or air attack; or
(4) was a crewmember or passenger in an airplane which was under enemy
aerial or ground fire; (b) assigned or stationed in the Philippine
territory or in Philippine waters for not less than 30 days during the
period; or (c) individuals who meet conditions set forth in 1 and 2 above
are authorized to wear a bronze service star on the ribbon.

14.  Army Regulation 600-8-22 (Military Awards) governs the Army awards
program.  In pertinent part this regulation provides for award of the
Philippine Independence Ribbon.  The Philippine Independence Ribbon is
authorized for award to any recipient of both of the Philippine Defense and
the Philippine Liberation Ribbon.  There was brief exception to this
requirement when Change 2 to Army Regulation 600-65, dated 13 January 1953,
authorized award of the Philippine Independence Medal if an individual
received either the Philippine Defense or the Philippine Liberation Ribbon.
 However, this provision was superseded by Department of the Army Circular
672-1, dated 16 March 1955, which again required award of both the
Philippine Defense and the Philippine Liberation Ribbon for award of the
Philippine Independence Ribbon.

15.  Item 37 (Total Length of Service) of the applicant's WD AGO Form 53-55
shows he completed 6 months and 20 days of Continental Service and 3 years,
1 month, and 10 days of Foreign Service.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.



17.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
covering the period 24 May 1950 through 23 May 1956 shows he was awarded
the National Defense Service Medal, the Army Occupation Medal (Germany),
the Combat Infantryman Badge with Silver Star, the Distinguished Unit
Emblem, the Korean Service Medal with six bronze service stars, and the
United Nations Service Medal.

18.  A review of the applicant's service records during the period 24 May
1950 through 23 May 1953, show he was convicted by a Special Court-Martial
on 9 April 1953 which disqualifies him for award of the Good Conduct Medal.
 Further review of his record shows that during the period 24 May 1953
through 23 May 1956, there was no derogatory information that would
disqualify him for award of the Good Conduct Medal (2nd Award).

19.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

20.  Section 5 (Service Outside Continental United States) of the
applicant's DA Form 24 (Service Record) shows he served in Japan and Korea
during the period 29 August 1950 through 11 October 1951.

21.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

22.  The applicant has requested award of the Cold War Recognition
Certificate.  The Award of the Cold War Recognition Certificate is not
governed by the provisions of Army Regulation 600-8-22 (Military Awards)
and, as a result, is not shown on a discharge document.  In accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as
2 September 1945 to 26 December 1991.  The applicant may submit a request
in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS,
3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this
information, the applicant’s request for the Cold War Recognition
Certificate is not discussed any further.

23.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

24.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

25.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests various awards that are not listed on his
separation documents.

2.  Letter Orders awarded the applicant the Bronze Star Medal based on his
award of the Combat Infantryman Badge in April 1945.  Therefore, he is
entitled to correction of his separation document to show this award.

3.  Evidence shows he served a qualifying period of service for award of
the World War II Victory Medal; therefore, he is entitled to correction of
his separation document to show this award.

4.   Orders show that while the applicant was assigned to the 108th
Infantry Regiment, it was awarded the Philippine Presidential Unit
Citation.  Therefore, he is entitled to correction of his separation
document to show this award.

5.  Evidence of record shows the applicant was credited for five campaigns
during his service in Asiatic-Pacific Theater of Operations during World
War II.  His separation document shows award of the Asiatic-Pacific
Campaign Medal with one bronze service star.  Regulation states that a
silver service star is authorized in lieu of five bronze service stars.
Therefore, the applicant is entitled to correction to show one silver
service star affixed to his Asiatic-Pacific Campaign Medal.

6.  Evidence shows that during the qualifying period of service for award
of the Philippine Defense Medal, the applicant was participating in the
Central Pacific campaign.  This is not listed among those eligible for
award of the  Philippine Defense Medal.  Therefore, there is no basis to
grant the Philippine Defense Medal in this case.



7.  Regulation states that any recipient of both the Philippine Defense
Medal and Philippine Liberation Ribbon is eligible for award of the
Philippine Independence Ribbon.  The applicant is not entitled to award of
the Philippine Defense Medal.  Therefore, he does not meet the criteria for
award of the Philippine Independence Ribbon in this case.

8.  Evidence shows the applicant only served in the American Theater of
Operations for 6 months and 20 days which does not meet the criteria for
award of the American Campaign Medal.  Therefore, he is not entitled to
correction of his separation document to show this award.

9.  Evidence of record confirms that the applicant served honorably during
the period from 24 May 1953 through 23 May 1956.  Lacking any derogatory
information on file that would have disqualified him, it would be
appropriate to award the applicant the second award of the Good Conduct
Medal for the 3 year qualifying period from 24 May 1953 through 23 May
1956.  Therefore, he is entitled to correction of his records to show award
of the Good Conduct Medal (2nd Award) for this period of service.

10.  Evidence shows the applicant served a qualifying period for award of
the Republic of Korea - Korean War Service Medal; therefore, he is entitled
to correction of his separation document to show award of the Republic of
Korea - Korean War Service Medal.

11.  The Manual of Military Decorations and Awards states the Armed Forces
Service Medal is awarded to service members who participate, or have
participated in a United States military operation that is deemed to be a
significant activity after 1 June 1992.  Evidence shows the applicant was
honorably retired on 31 July 1964; therefore, he is not entitled to
correction of his records to show award of the Armed Forces Service Medal.

12.  The implementing message for award of the Korea Defense Service Medal
states that service members must have served in support of the defense of
Korea from 28 July 1954 through a future date to be determined.  Evidence
shows the applicant served in Korea and Japan during the period 29 August
1950 through 11 October 1951 which does not meet the criteria for award of
the Korea Defense Service Medal.  Therefore, he is not entitled to
correction of his separation document to show this award.

13.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1964; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 July 1967.  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 FULL RELIEF

_LDS____  _JTM___  _JLP  __    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 showing award of the
Bronze Star Medal, the World War II Victory Medal, the Philippine
Presidential Unit Citation, the Good Conduct Medal (2nd Award), the Korean
War Service Medal, and one silver service star to be affixed to his Asiatic-
Pacific Campaign Medal.

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 Philippine Defense Ribbon, the Philippine Independence Ribbon,
the American Campaign Medal, the Armed Forces Service Medal, and the Korea
Defense Service Medal.




                              ___Linda D. Simmons____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017865                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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