IN THE CASE OF:	  

		BOARD DATE:	        17 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009518 


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, 4 bronze service stars for campaign credit to be affixed to his Korean Service Medal (KSM), and award of the Bronze Star Medal (BSM) based on the award of the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that these awards were not annotated on his discharge documents. 

3.  The applicant did not provide additional documentary evidence in support of this application.    

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 applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's record does contain a properly constituted WD AGO Form
53-55 (Enlisted Record and Report of Separation.)  This form shows he was inducted into the Army of the United States on 18 March 1943, entered active duty service on 25 March 1943, and was honorably discharged on 11 November 1945.  He attained the grade of staff sergeant. 

4.  This form also shows that he served in the European Theater of Operations during World War II for the period from 1 November 1944 through 20 July 1945.

5.  The applicant received the Purple Heart, the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and the CIB.

6.  The applicant served in the Regular Army from 22 October 1947 through
22 October 1951.  The specific dates of his service in the Republic of Korea (ROK) are unknown, but his DD Form 214 (Report of Separation from the Armed Forces of the U.S.) shows he received the CIB, the KSM with 1 silver service star (for participation in 5 campaigns), and the Korean Presidential Unit Citation.   

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 BSM is to be awarded to individuals who were authorized either badge for service during World War II.  This regulation also stipulates that second and third awards of the CIB are indicated by superimposing 1 and 2 stars respectively, centered at the tope of the badge between the points of the oak wreath.  

8.  Army Regulation (AR) 600-8-22 also stipulates that a bronze service star, based on qualifying service, is authorized for each campaign listed in Appendix B of this regulation or listed in Item 32 of the WD AGO Form 53-55.  Authorized 
bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.  This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal (NDSM) 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.

10.  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.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM).  In pertinent part, the regulation states that the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the CIB for his service during World War II.  Based on this award, he is entitled to award of the BSM.  Therefore, he is entitled to have his WD AGO 53-55 corrected to reflect this award.

2.  The applicant's DD Form 214 covering his separate period of service from 1947 through 1951 shows he was awarded the CIB for the second time.  Therefore, his DD Form 214 should be corrected to reflect this change.


3.  Records show the applicant's period of service was served honorably during the period 18 March 1943 through 11 November 1945.  Therefore, the applicant is entitled to the NDSM and correction of his DD Form 214 to show this award.

4.  The applicant had a qualifying period of service in the ROK.  Therefore, he is entitled to award of the United Nations Service Medal and the ROK-KWSM and to correction of his DD Form 214 to show these awards.

5.  The applicant's DD Form 214 covering his period of service in Korea already shows that he was awarded a silver service star in lieu of 5 bronze service stars to be affixed to his Korean Service Medal.  The silver service star means the applicant participated in 5 campaigns during his period of service in the ROK.  Therefore, no change will be directed regarding this issue.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the BSM based on his award of the CIB and correcting his WD AGO 53-55 to show this award;

	b.  deleting the CIB from the applicant's DD Form 214 and adding the CIB (Second Award);

	c.  awarding the NDSM, the UNSM, and the ROKWSM and correcting his
DD Form 214 to show these awards.





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 4 bronze service stars for wear on his Korean Service Medal.



      ___        XXX                ___
                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.

ABCMR Record of Proceedings (cont)                                         AR20080009518



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009518



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1