IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080008330
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be awarded the Armed Forces Service Medal, Presidential Unit Citation and the Honorable Service Lapel Button [He writes "Pin" but apparently means Button].
2. The applicant states that he was never issued these awards. He served with the 122nd Signal Battalion which was awarded the Presidential Unit Citation for service during World War II.
3. The applicant provides a copy of his 4 September 1961 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070005369 on 20 December 2007. However, these specific awards were neither requested nor addressed.
2. The applicant served on active duty in the Regular Army from 5 September 1958 to 4 September 1961. He was separated in pay grade E-4 and transferred to the United States Army Reserve Control Group (Reinforcement).
3. Army Regulation 600-8-22 (Military Awards) states that the Armed Forces Service Medal (AFSM) was established by Executive Order 12985, 11 January 1996, as amended by Executive Order 13286, 28 February 2003. It is awarded to members of the Armed Forces of the United States who met the criteria after
1 June 1992.
4. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) paragraph 28-6b provides that a unit award is given to an operating unit and is worn by members of that unit who participated in the cited action. Some unit awards are also authorized for temporary wear by other personnel while actually serving in the cited unit [EMPHYSIS ADDED]. These include the Presidential Unit Citation (Army, Air Force and Navy), Joint Meritorious Unit Award and the Valorous Unit Award.
5. Army Regulation 600-8-22 states that the Honorable Service Lapel Button was an award given to United States military service members who were discharged under honorable conditions during World War II. The button was awarded between September 1939 and December 1946.
6. Army Regulation 672-5-1 [the Army awards regulation that proceeded
Army Regulation 600-8-22] the 20 June 1969 edition states, in pertinent part,
"Army Lapel Button not issued or sold by the Department of the Army). The minute man in gold color metal on a red enamel disk surrounded by 16 pointed gold rays, outside diameter 9/16 inch. Eligibility requirements are honorable active Federal service in the Army of the United States for at least nine months subsequent to 31 December 1946."
DISCUSSION AND CONCLUSIONS:
1. The Armed Forces Service Medal did not exist during the applicant's period of service and it's applicability is not retroactive.
2. The applicant may have worn the Presidential Unit Citation while attached to a unit that had previously received it, but this does not make it an authorized award for him. The Presidential Unit Citation should not be listed on his DD Form 214.
3. The applicant is eligible for the Army Lapel Button. It should be listed as an award on his DD Form 214, even though it is not issued or sold by the Army.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20070005369, dated 20 December 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Lapel Button to the authorized awards listed on his DD Form 214.
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 Armed Forces Service Medal and the Presidential Unit Citation.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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