RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012647 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers

Member

Mr. Qawiy A. Sabree

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 a review of his records be conducted to determine eligibility for awards listed on the NPRC (National Personnel Records Center) Letter, dated 10 July 2006, such as:  the Bronze Star Medal, the Army Commendation Medal (4th Award) (correctly known as the Army Commendation Medal [3rd Oak Leaf Cluster]), the Combat Infantryman Badge, and the Cold War Medal. 

2.  The applicant states, in effect, that these awards that he is entitled to were either lost or were not included in his records due to an administrative oversight.

3.  The applicant provides several copies of letters of commendation and appreciation, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 December 1971, and a letter from the NPRC, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 December 1971, the date of his placement on the Retired List.  The application submitted in this case is dated 26 August 2006 but was received on 8 September 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 he was inducted on 15 January 1943 and entered active duty (AD) on 22 January 1943, as a salvage inspector (194).  
He served in the European Theater of Operations (ETO) from 12 February 1944 to 16 December 1945.  He continued to serve until he was honorably discharged on 22 December 1945.  

4.  Item 33 (Decorations and Citations), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), does not show the Combat Infantryman Badge or the Bronze Star Medal as authorized awards.
5. The applicant’s WD AGO Form 53-55 shows that, while in the ETO, he served as a salvageman and salvage inspector in MOS (military occupational specialty), number (194) with the 235th Quartermaster Company.

6.  After a break in service, the applicant enlisted in the Regular Army on 3 August 1948.  He continued to serve through a series of continuous reenlistments.  He was promoted to sergeant major (SGM/E-9) effective 12 December 1968.

7.  The applicant served in Korea from 3 February 1953 to 28 April 1954 and from 1 March 1966 to 30 March 1967 and in Vietnam from 2 May 1970 to 1 January 1971. 

8.  The applicant continued to serve until he was found to be permanently unfit for duty by reason of physical disability and was released from active duty on 3 December 1971.  He was placed on the Retired List effective 4 December 1971, in the rank of SGM and pay grade of E-9.

9.  The applicant provided several copies of letter of appreciations and letter of commendation.

10.  The applicant's DD Form 214, dated 3 December 1971, shows he was awarded the Good Conduct Medal (5th Award), the Army Commendation Medal (3rd Oak Leaf Cluster), the National Defense Service Medal (1st Oak Leaf Cluster), the Korean Service Medal with two bronze service stars, the United Nations Service Medal, eight Overseas Service Bars, the European-African-Middle-Eastern Service Medal with one silver service star, the World War II Victory Medal, the Army of Occupation Medal, with Germany Clasp, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Meritorious Service Medal.  His DD Form 214 does not show any additional awards.

11.  There is no evidence in his records to show that he was considered or recommended for or awarded the Bronze Star Medal.

12.  The applicant's records contain a copy of orders awarding him the Army Commendation Medal for meritorious achievement during the period 2 November 1970 to 21 May 1971, which was his fourth award of the Army Commendation Medal (correctly known as the Army Commendation Medal 3rd Oak Leaf Cluster).

13.  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.

14.  The applicant requested correction of his records to show award of the Bronze Star Medal.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Soldier's Medal under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

15.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, Total Army Personnel Command, (USAHRC) has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:
 
    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
     f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

16.  The applicant is advised that the Secretary of Defense approved awarding Cold War Recognition Certificates 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.  The Cold War Era is defined as that period spanning from 2 September 1945 to 26 December 1991.  The Cold War Recognition Certificate Program was approved as part of the Fiscal Year 1998 National Defense Authorization Act.  To receive a Cold War Recognition Certificate, the applicant may submit a request in writing to:  Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

17.  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 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. 

18.  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.

19.  While the applicant was assigned in Vietnam he participated in two campaigns.  Army regulation 600-8-22 also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.   

20.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

21.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 
1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or service in the area of operations for 
30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.

22.  Army Regulation 600-8-2 lists the designated U.S. military operations, areas, and dates for eligibility for award of the Armed Forces Expeditionary Medal.  The regulation, in pertinent part, shows that the military operation in Korea from 1 October 1966 to 30 June 1974, to qualify for the award. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show that he was awarded four awards of the Army Commendation Medal (correctly known as the Army Commendation Medal [3rd Oak Leaf Cluster]).  The evidence shows  he was awarded four awards of the Army Commendation Medal and this award is already shown on his DD Form 214, dated 3 December 1971.  Therefore, his DD Form 214, dated 3 December 1971, is correct as currently constituted and no correction is required.



2.  The applicant’s WD AGO Form 53-55 shows that he served as a salvageman and salvage inspector (194) in a quartermaster and artillery unit during his service in the ETO during World War II.  There is no evidence, and the applicant has provided none, to show that he was ever awarded an infantry MOS or that he served in active ground combat and he personally came under fire or served as a infantryman during his service in the ETO.  Therefore, there is an insufficient basis to support an award of the Combat Infantryman Badge.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3.  The applicant served in Korea during the qualifying period for award of the Republic of Korea – Korean War Service Medal and the Korean Defense Service Medal.  He is entitled to these awards and to have them added to his DD Form 214.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to two bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

6.  The applicant’s foreign service in Korea, from 1 March 1966 to 30 March 1967, qualified him for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his records to show this award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 December 1974.  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:

________  ________  ________  GRANT FULL RELIEF 

__QAS__  __SP____  __JI  ___  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:

	a.  awarding the applicant the Republic of Korea - Korean War Service Medal and the Korea Defense Service Medal; and adding these awards to the applicant's DD Form 214, dated 3 December 1971; and

	b.  showing award of the Vietnam Service Medal, with two bronze service stars, the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Armed Forces Expeditionary Medal, and adding these awards to the applicant's DD Form 214, dated 3 December 1971.

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 Combat Infantryman Badge.  Since the "Army Commendation Medal 1st thru 3rd OLC" is already shown on the applicant's DD Form 214, dated 3 December 1971, no further action is deemed necessary by the Board on this portion of the applicant's request.




______John Infante______
          CHAIRPERSON




INDEX

CASE ID
AR20060012647
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19711203
DISCHARGE AUTHORITY
AR  635-40. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY//GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.