IN THE CASE OF:	  

		BOARD DATE:	       12 May 2009

		DOCKET NUMBER:  AR20080019817 


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, correction of his records to show all of his authorized awards and decorations.

2.  The applicant states, in effect, he believes he is entitled to the Bronze Star Medal based on a Presidential Order that authorized recipients of the Combat Infantryman Badge to receive the Bronze Star Medal.  He also states that he believes he is entitled to the United Nations Service Medal with 4 bronze service stars and the Distinguished Unit Citation based on the unit history of the
5th Cavalry Regiment, 1st Cavalry Division, in Korea from June 1950 to January 1952.

3.  The applicant provides a copy of Yuba-Sutter County, Veterans Service Office, Marysville, California, letter, dated 17 December 2008, subject:  [Applicant]; his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 3 February 1953; and 4 pages extracted from the 1st Cavalry Division in Korea, June 1950 to January 1952 (1994).

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 personnel records show he enlisted in the U.S. Army and entered active duty in the Regular Army (RA) for a period of 3 years on
2 February 1950.

3.  The applicant’s military personnel records contain a DA Form 20 (Soldier’s Qualification Card).  Item 27 (Classification in Military Specialties) shows he was awarded military occupational specialty (MOS) 1745 (Light Weapons Infantryman) on 30 May 1950.  Item 32 (Qualifications in Arms), in pertinent part, shows he qualified as a Sharpshooter with the M-1 rifle on 22 April 1952.

4.  The applicant’s military personnel records contain a WD AGO Form 24A (Service Record) covering the period 2 February 1950 to 3 February 1953.

     a.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period), in pertinent part, shows the applicant was assigned to the 15th Replacement Company (Pipeline) from 27 June to 10 July 1950; Headquarters and Headquarters Company, 5th Cavalry Regiment (Infantry) (Korea) from 11 July to 17 July 1950; Company A, 5th Cavalry Regiment (Infantry) (Korea) from 18 July 1950 to 28 April 1951; and the
8068th Augmentation Unit (Pipeline) on 29 April 1951.

     b.  Section 9 (Remarks - Administrative), in pertinent part, contains the entry,
“6 Feb 53, Character Rating:  Unk, Efficiency Rating:  Unk, Favorably Considered For Good Conduct Medal.”

     c.  Section 14 (Service Outside Continental United States), in pertinent part, shows the applicant departed Yokosuka, Japan on 15 July 1950; arrived in Pohang, Korea on 18 July 1950 for duty in Korea; and departed Inchon, Korea on 27 April 1951.

     d.  Section 21 (Medals, Decorations, and Citations) shows the applicant was awarded the Korean Service Medal and Combat Infantryman Badge.  
    
   e.  Section 24 (Indorsements), in pertinent part, shows that throughout the period of his military service the applicant’s commanders documented his character and efficiency as “excellent” and also favorably considered him for the Good Conduct Medal.
5.  The applicant’s military personnel records contain a DD Form 214 that shows he entered into active service on 2 February 1950 and was honorably discharged on 3 February 1953 based on expiration term of service.  At the time he had completed 3 years and 2 days of net service for pay purposes this period, and
10 months and 26 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Korean Service Medal and Combat Infantryman Badge.

6.  On 8 January 1958, the applicant enlisted in the RA for a period of 3 years.

7.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).  Item 32 (Classification in Military Occupational Specialties) shows he was awarded MOS 111.1O (Light Weapons Infantryman) and Item 28 (Qualification in Arms) shows he qualified as a Sharpshooter with the M-1 rifle on 5 August 1959.

8.  The applicant’s military personnel records contain a DD Form 214 that shows he entered into active service on 8 January 1958 and was honorably discharged on 13 July 1960 based on hardship.  At the time he had completed 2 years,
6 months, and 6 days of net active service this period; 6 years and 2 days of other service; 8 years, 6 months, and 8 days of total service; 5 years, 6 months, and 8 days of total active service; and 11 months and 27 days of foreign service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry “None.”  

9.  There are no orders or other evidence in the applicant’s military personnel records that show he was awarded the Bronze Star Medal.

10.  In support of his application, the applicant provides four pages extracted from the 1st Cavalry Division in Korea, June 1950 to January 1952 (1994) that, in pertinent part, provide a summary of the campaign stars for the Korean Service Meal and unit decorations the 5th Cavalry Regiment was awarded for service during the Korean War.  The document provided shows the applicant highlighted the following four campaigns:  United Nations Defensive (27 June to                  15 September 1950), United Nations Offensive (16 September to 2 November 1950), CCF [Chinese Communist Forces] Intervention (3 November 1950 to     24 January 1951), and First United Nations Counteroffensive (25 January to     21 April 1951).  This document also shows the applicant highlighted that Company A and Company B, 5th Cavalry Regiment, was awarded the Distinguished Unit Citation for actions on 30 January 1951.

11.  A review of the applicant’s military personnel records reveals that he may be authorized additional awards that are not shown on his DD Forms 214.

12.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information, he received "excellent" conduct and efficiency ratings throughout his service, and he was favorably considered by his commanders for the Good Conduct Medal.

13.  The applicant’s DD Form 214 shows that he was awarded the Korean Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 5-9 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Korean War campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of
5 bronze service stars.  Appendix B, Table B-1 contains a list of Korean War campaigns, and it shows that during the applicant's tour in Korea, he participated in the United Nations (UN) Defensive, UN Offensive, CCF Intervention, First UN Counteroffensive, and the CCF Spring Offensive (22 April – 8 July 1951), for a total of five campaigns.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, the unit awards received by units serving in the Korean War.  This document shows that at the time of the applicant’s assignment to Company A, 5th Cavalry Regiment, the unit was cited for award of the Distinguished Unit Citation for actions on 30 January 1951 by Department of the Army General Orders Number 36, dated 1951.

15.  Department of the Army Pamphlet 672-1 shows that at the time of the applicant’s assignment to Company A, 5th Cavalry Regiment, the unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during 
the period 16 August to 26 September 1950 by Department of the Army General Orders Number 35, dated 1951.  This document also shows that at the time of 
the applicant’s assignment, the unit was cited for award of the Bravery Gold Medal of Greece by Department of the Army General Orders Number 2, dated 1956.

16.  The applicant’s military personnel records show he last qualified as a Sharpshooter with the M-1 rifle on 5 August 1959.

17.  Army Regulation 600-45 (Military Awards), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

18.  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.  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.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  A bronze service star will denote subsequent awards of the United Nations Medal for service in a different United Nations mission.  Only one United Nations ribbons is authorized for wear.

19.  Army Regulation 600-8-22 provides, in pertinent part, 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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

21.  Army Regulation 600-8-22 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 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;
   
   b.  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 
   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

22.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

23.  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.

24.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show all of his authorized awards and decorations, including the Bronze Star Medal based on his award of the Combat Infantryman Badge, the United Nations Service Medal with 4 bronze service stars, and the Distinguished Unit Citation.

2.  The evidence of record shows that 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.

     a.  The evidence of record shows that an award of the Combat Infantryman Badge is considered to be a citation in orders and the Bronze Star Medal is to be awarded to individuals who were authorized the badge for service during World War II.

     b.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge for his service during the Korean War beginning in July 1950.  Therefore, in view of the foregoing, the applicant is not entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.

3.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show the first award of the Good Conduct Medal.

4.  Records show that the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct the applicant’s records to show the award of this service medal.

5.  Records show the applicant qualified for award of the Korean Service Medal and that he participated in 5 campaigns during his service in Korea.  Therefore, it would be appropriate to correct his records to show the award of 1 silver service star for wear on his Korean Service Medal.

6.  The applicant’s DD Form 214, with an effective date of 3 February 1953, shows award of the Korean Service Medal; however, it does not show award of the United Nations Service Medal.  The evidence of record shows that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore, it would be appropriate to correct the applicant’s records to show the award of this service medal.

7.  The evidence of record also does not show that the applicant served in a subsequent different United Nations mission.  Therefore, he is not entitled to any bronze service stars for wear on his United Nations Service Medal.

8.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

9.  General Orders awarded the applicant’s unit the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) during his tenure of assignment.  Therefore, it would be appropriate to correct his records to show this unit award.
10.  General Orders awarded the applicant’s unit the Republic of Korea Presidential Unit Citation during his tenure of assignment.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

11.  General Orders awarded the applicant’s unit the Bravery Gold Medal of Greece during his tenure of assignment.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

12.  The evidence of record shows the applicant qualified as a Sharpshooter with the M-1 rifle.  Therefore, it would be appropriate to correct his records to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 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 applicant the Good Conduct Medal (first award) for exemplary conduct efficiency, and fidelity during the period 2 February 1950 to
1 February 1953;

   b.  deleting from item 26 of the applicant's DD Form 214 for the period ending 13 July 1960, the entry “None”; and

   c.  adding to item 26 of the applicant's DD Form 214 for the period ending
13 July 1960 the Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 1 silver service star, United Nations Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, Republic of Korea Presidential Unit Citation, Bravery Gold Medal of Greece, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 the Bronze Star Medal and United Nations Service Medal with 4 bronze service stars.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20080019817



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ABCMR Record of Proceedings (cont)                                         AR20080019817



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