RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009688 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

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, as the widow of a deceased former service member (FSM), requests that the FSM be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal based upon award of the CIB.

2.  The applicant states that the FSM was awarded the Purple Heart and therefore is entitled to award of the CIB.  Based upon award of the CIB, he is entitled to award of the Bronze Star Medal.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); a certificate of service; and the FSM’s death certificate.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM was inducted into the Army on 11 May 1943 and entered active duty on 22 May 1943.  He arrived in the European Theater of Operations on 10 March 1944.

3.  The FSM’s WD AGO Form 20 (Soldier Qualification Record) shows he was assigned to Troop B, Reconnaissance Squadron, 106th Calvary (Mechanized) on 22 March 1944 and performed duties as an ammunition handler.  It shows he was classified as an ammunition handler, specialty 504, on 25 April 1944.  He departed the unit in a patient status on or about 29 July 1944.  He was assigned to the 445th Reinforcement Company, 19th Reinforcement Depot in August 1944 and performed duties as a guard patrolman.  He was reassigned to Troop B, Reconnaissance Squadron, 106th Cavalry (Mechanized) on 31 March 1945.  

4.  The FSM departed the European Theater of Operations on 24 November 1945.  He was honorably discharged on 6 December 1945.  His WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the Purple Heart, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  It shows he participated in three campaigns.  It also shows that he was wounded twice.  His WD AGO Form 20 shows he was awarded two Purple Hearts.

5.  The FSM enlisted in the Regular Army on 12 September 1947.  He was honorably discharged on 11 September 1950.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed basic airborne training in January 1948.  It shows he was awarded the World War II Victory Medal and the Army Good Conduct Medal.  He immediately reenlisted on 12 September 1950.

6.  The FSM’s DA Form 24 (Service Record) shows he arrived in Korea on          3 June 1952 and departed Korea on 8 January 1953 after receiving credit for participation in two campaigns.

7.  The FSM was honorably discharged on 28 March 1955 and immediately reenlisted on 29 March 1955.  He was honorably discharged on 16 December 1958 and immediately reenlisted on 17 December 1958.  No DD Forms 214 are available, if they were ever prepared.  His DA Form 24 shows he had been awarded the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, and the Drivers Badge.

8.  4th Battle Group, 30th Infantry Special Orders Number 32, dated 7 May 1963, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

9.  The FSM was assigned to Korea on 14 September 1964.  He was honorably discharged on 16 December 1964.  His DD Form 214 for the period ending       16 December 1964 shows he was awarded the Army Good Conduct Medal with  four loops (i.e., four awards of the medal) and a Letter of Commendation.  Letters of Commendation are currently not authorized for entry on the DD Form 214.  

10.  The FSM departed Korea on 26 September 1965.  He was released from active duty on 30 September 1965 for the purpose of retirement.  His DD Form 214 for the period ending 30 September 1965 shows he was awarded no awards or decorations.  

11.  A National Personnel Records Center (NPRC) letter, dated 13 August 2007, shows that, in addition to other awards and decorations, the applicant was authorized issuance, in the name of the FSM, of the Driver and Mechanic Badge with Operator S Bar.  
12.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during World War II, the CIB 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)

13.  Army Regulation 600-8-22 (Military Awards) states 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 CIB 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.

14.  Army Regulation 600-8-22 provides for award of the Army of Occupation Medal for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

15.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.


16.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal and the Korean Service Medal. 

17.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

18.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

19.  Army Regulation 600-8-22 sets forth requirements for award of the Basic Parachutist Badge.  Award of the Basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

20.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal.  The specified criteria for the award of the Korea Defense Service Medal is 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.

21.  Army Regulation 600-8-22 for award of the National Defense Service Medal 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

22.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This document shows that, at the time of the applicant's assignment to Reconnaissance Squadron, 106th Cavalry, it was awarded occupation credit for Germany for the period 2 May through 19 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM was not assigned to an infantry unit (he was assigned to a mechanized cavalry unit) nor did he hold a specialty that would have qualified for award of the CIB.  Regrettably, he was not eligible for award of the CIB and, because he was not eligible for award of the CIB, he was not eligible for award of the Bronze Star Medal based upon award of the CIB.  

2.  There are numerous other award errors on the FSM’s several separation documents, both his WD AGO Form 53-55 and his DD Forms 214.

3.  The FSM’s WD AGO Form 53-55 shows he was awarded one Purple Heart.  The evidence of record shows he was awarded two Purple Hearts.  In addition, he met the eligibility criteria for award of the Army of Occupation Medal with Germany clasp and for wear of three bronze service stars on his European-African-Middle Eastern Campaign Medal.  His last DD Form 214 should be amended to reflect these awards.

4.  The evidence of record shows the FSM completed airborne training, which would have made him eligible for award of the Parachutist Badge.  There is no evidence of record to show he was disqualified for airborne assignments.  His last DD Form 214 should be amended to add this badge.

5.  The evidence of record shows the FSM served in Korea during the Korean War.  His DA Form 24 shows he had been awarded the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, and the Drivers Badge (identified in the August 2007 NPRC letter as the Driver and Mechanic Badge with Operator S Bar).  He was credited with participation in two campaigns, which made him eligible to wear the Korean Service Medal with two bronze service stars.  Based upon his service during the Korean War, he is eligible for award of the ROKWSM.  

6.  The FSM was also eligible for award of a second National Defense Service Medal (i.e., with one bronze service star) based upon his service after January 1961.  His last DD Form 214 should reflect two awards of this medal.

7.  Evidence of record shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  This badge should be added to his last DD Form 214.

8.  Based upon the FSM’s service in Korea from 1964 to 1965, he met the eligibility criteria for award of the Korea Defense Service Medal.  This award should be added to his last DD Form 214.

9.  The FSM’s four Army Good Conduct Medals, the World War II Victory Medal, and, as an exception to policy, the Letter of Commendation should be added to his last DD Form 214.

10.  Evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __gjp___  __jgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 for the period ending 30 September 1965 to show award of two Purple Hearts, the Army of Occupation Medal with Germany clasp, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Parachutist Badge, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, two awards of the National Defense Service Medal, the Driver and Mechanic Badge with Operator S Bar, the ROKWSM, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, four awards of the Army Good Conduct Medal, the Korea Defense Service Medal, and the Letter of Commendation.




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070009688
SUFFIX

RECON

DATE BOARDED
20071127
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111
2.
107.0014
3.
110.04
4.

5.

6.