RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060005575


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that the awards he was given during
WWII be added to his final separation document.

2.  The applicant states that these awards, earned while he was assigned to
the 314th Infantry Regiment, 79th Infantry Division between June and
October 1944, were not included on his final separation document.

3.  The applicant provides his final separation document and a DA AGO Form
0150-4, Transcript From Enlisted Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1972, the date of his separation for years of
service.  The application submitted in this case is dated 12 April 2006.

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’s military records show that he was inducted and entered
active duty on 28 October 1943.  He departed the United States for the
European Theater of Operations on 22 June 1944 and served in five
campaigns.  He was wounded on 17 October 1945.  He was honorably discharged
to enlist in the Regular Army on 12 November 1945.  The separation document
he was given for that period of service shows that he was awarded the
Combat Infantryman Badge (CIB), the Good Conduct Medal, and the Purple
Heart.

4.  He departed the European Theater of Operations on 2 December 1945 and
arrived back in the United States on 11 December 1945.  He completed his



enlistment and was honorably released from active duty on 10 May 1947.  The
separation document he was given for that period of service shows that he
was awarded the WWII Victory Medal.

5.  Notably absent from either of the applicant’s WWII separation documents
is the European-African-Middle Eastern Service Medal.

6.  The applicant continued to serve in the Enlisted Reserve Corps until
his order to active duty on 11 September 1950.  He was honorably discharged
from the Enlisted Reserve Corps on 1 April 1951 due to his enlistment in
the Regular Army.

7.  He then served continuously on active duty until his release from
active duty on 31 August 1972.  He was placed on the Retired List for years
of service the following day.

8.  The final separation document he was issued shows that the applicant
was given his awards for the time he served during the Korean War and
during the Vietnam War, but he was not given his WWII awards.  Of
particular note is that while this document listed the Korean Service Medal
and the Vietnam Service Medal, no bronze service stars were awarded to the
applicant.  Also, this document shows the applicant was awarded the Bronze
Star Medal (BSM) with Oak Leaf Cluster (2nd award) and the Army
Commendation Medal (ARCOM).

9.  The applicant’s DA Form 20, Enlisted Qualification Record, shows that
the applicant served in five campaigns in the Korean War and was awarded
the Republic of Korea Presidential Unit Citation, and he served in three
campaigns in Vietnam.  This form also shows that the applicant served a
second tour in Korea from 21 February 1955 to 16 November 1955, and a third
tour in Korea from 19 January 1966 to 18 February 1967.  In the awards
section of the form, it is shown that the applicant was awarded the BSM on
orders dated April 1969, was awarded the BSM with Oak Leaf Cluster on
orders dated August 1969, and was awarded the ARCOM on orders dated January
1969.  This form also shows that the applicant was given the first award of
the Good Conduct Medal for the period ending 1 April 1954.

10.  Included in the applicant’s military records is General Orders Number
231 dated 15 August 1972 which awarded the applicant the ARCOM with Oak
Leaf Cluster.


11.  Army Regulation 600-8-22 provides the guidance for Army awards and
decorations.  In this regulation several awards and decorations are
provided specifically for service during WWII which were enacted subsequent
to the demobilization of WWII.  These WWII specific provisions include
award of the Bronze Star Medal 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 where such achievement or service,
during the period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge is considered to be a
citation in orders.  This means, in effect, that the Bronze Star Medals
were awarded to individuals who were authorized the CIB for service during
WWII.

12.  Army Regulation 600-8-22 also authorizes the American Campaign Medal
to be awarded for service in the American Theater between 7 December 1941
and 2 March 1946.

13.  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.  The Department of Defense approved acceptance and wear of the
Republic of Korea - Korean War Service Medal.  To qualify for award of the
Republic of Korea - Korean War Service Medal, 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.

14.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

15.  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 waters out to 12 nautical miles, and all air spaces above the
land and water areas; and 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.

16.  Army Regulation 635-5 provides the guidance on the preparation of a
DD Form 214.  This regulation specifies that all awards and decorations
will be entered on a Soldier’s DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was entitled to have all of his awards and decorations
listed on his final separation document.

2.  As such, he is entitled to have the CIB, Purple Heart, Good Conduct
Medal and WWII Victory Medal he earned during his service during WWII added
to his final separation document.

3.  In addition, the applicant is also entitled to the second Oak Leaf
Cluster to his BSM, based on his CIB for his WWII service, the American
Theater Service Medal since he served over a year in the United States
during WWII, and the European-African-Middle Eastern Service Medal since he
served in 5 campaigns in the European Theater of Operations.

4.  The applicant is entitled to five bronze service stars to be worn on
his Korean Service Medal, and he is entitled to the Korean War Service
Medal and the Korea Defense Service Medal for his service in Korea.

5.  The applicant is entitled to three bronze service stars to be worn on
his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for his service in Vietnam.  He is also entitled to have
the ARCOM with Oak Leaf Cluster he was awarded in 1969 added to his
separation document.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on


31 August 1975.  The applicant did not file within the 3-year statute of
limitations; however, based on the available (evidence or argument), it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

____jbg__  ___eem_  ___swf___  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.  Amending his DD Form 214 for the period ending 31 August 1972 to
add his CIB, Purple Heart, ARCOM with Oak Leaf Cluster, WWII Victory Medal,
Good Conduct Medal, five bronze service stars to be worn on his Korean
Service Medal, three bronze service stars to be worn on his Vietnam Service
Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and

      b.  Awarding him the second Oak Leaf Cluster to his BSM based on his
CIB for his WWII service, the American Theater Service Medal, the European-
African-Middle Eastern Service Medal, the Korean War Service Medal and the
Korea Defense Service Medal.





                            _____James B. Gunlicks______________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005575                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|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.                      |                                        |


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