RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060006583 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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 that his awards and decorations he is entitled to be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that his awards on his DD Form 214 are incomplete.  Also, his two Bronze Star Medals and his awards for his service during World War II are missing.

3.  The applicant provides a copy of his DD Form 214 and a copy of a DA Form 1577 (National Personnel Records Check), dated 2 September 1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 November 1952, the date he was released from active duty.  The application submitted in this case is dated 12 March 2006; however, it was received on  
10 May 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 records show that he entered active duty on 23 March 1943.  He served as an Infantryman with Company G, 25th Infantry Division in the Pacific Theater of Operation during the period 6 February 1944 to 17 January 1946.  On 4 May 1946, he was honorably separated after serving 3 years,
1 month, and 12 days of active service.  His separation document shows he was issued the Bronze Star Medal, American Service Medal, World War II Victory Medal, and the Asiatic Pacific Service Medal for the period ending 4 May 1946.

4.  He reentered active duty on 27 July 1951.   He served with Company I, 38th Infantry Regiment, Far East Command (FECOM) during the period 25 April 1952 to 27 July 1952.  He also served with Headquarters, 3rd Battalion, 38th Infantry Regiment, FECOM during the period 28 July 1952 to 21 September 1952.  On
14 November 1952, the applicant was honorably released from active duty after serving 1 year, 3 months, and 18 days of active service.
5.  Item 27 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD  
Form 214 shows the award of the Korean Service Medal with 1 bronze service star, United Nations Service Medal, Combat Infantryman Badge (2d Award), and the Purple Heart.  However, it does not show the award of the Bronze Star Medal with Oak Leaf Cluster, or any additional awards for his service during World  
War II.

6.  Item 21 (Awards and Decoration) of the applicant's DA Form 66 (Officer Qualification Record) shows that Headquarters, 25th Infantry Division General Orders Number 12, dated 20 September 1944 awarded the applicant the Combat Infantryman Badge.

7.  Headquarters, 93rd Infantry Division General Orders Number 2, dated  
9 January 1946, shows that the applicant was awarded the Bronze Star Medal for meritorious achievement in direct support of military operations against enemy forces during the period 11 April 1945 to 14 August 1945.

8.  Headquarters, 2nd Infantry Division General Orders Number 375, dated  
13 October 1952, shows that the applicant was awarded a second Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States during the period 25 April 1952 to 14 September 1952. 

9.  A review of the applicant's records show entitlement to additional awards.

10.  Army Regulation 600-8-22 as amended provides 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.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and  
2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

14.  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.

15.  Special Regulation 615-360-1 (Enlisted Personnel, Discharge Procedures and Preparation of Separation Forms), then in effect, stated that decorations or citations and authority for each are entered in Item 27 of the DD Form 214.  The regulation further stated that authorities for service medals need not be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his awards and decorations he is entitled to be added to his DD Form 214.

2.  Orders show that the applicant was awarded two Bronze Star Medals.  Additionally, the applicant is entitled to award of another Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal with two Oak Leaf Clusters.

3.  Evidence of records show that the applicant is entitled to the award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence of records show that the applicant is entitled to the award of the Army of Occupation Medal with Japan Clasp.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of records show the applicant served within the territorial limits of Korea during a qualifying period for award of the ROK-KWSM.  Therefore, he is entitled to correction of his records to show this foreign award.

6.  Item 29 (Decorations and Citations) of the applicant's WD AGO 
Form 53-55 (Military Record and Report of Separation Certificate of Service) for the period ending 4 May 1946 shows the Bronze Star Medal, American Service Medal, World War II Victory Medal, and Asiatic Pacific Service Medal.  Therefore, in accordance with Special Regulation 615-360-1, the applicant is entitled to correction of his records to show these awards in item 27 of his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 November 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
13 November 1955.  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 

________  ________  ________  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 waive 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 14 November 1952 DD Form 214 to show award of the Bronze Star Medal with two Oak Leaf Clusters; National Defense Service Medal; Army of Occupation Medal with Japan Clasp; Asiatic-Pacific Campaign Medal; American Campaign Medal; ROK-KWSM; World War II Victory Medal; and the World War II Honorable Service Lapel Button.




___________Ted S. Kanamine_________

          CHAIRPERSON




INDEX

CASE ID
AR20060006583
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
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.