IN THE CASE OF:	  

		BOARD DATE:	       14 April 2009

		DOCKET NUMBER:  AR20090000941 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 17 April 1953, be corrected to show all of his awards and decorations. 

2.  The applicant states, in effect, that not all of his authorized awards are listed on his DD Form 214.  Specifically, the National Defense Service Medal, the United Nations Service Medal, and his awards from his period of service in the Marine Corps (USMC).

3.  The applicant provides copies of a DA Form 1577 (Authorization for Issuance of Awards), a 17 April 1953 DD Form 214 (Report of Separation from the Armed Forces of the United States), and one page from a USMC World War II (WWII) Record of Service. 

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 personnel records were partially destroyed or damaged in the 1973 fire at the National Personnel Records Center.  However, sufficient records are available from secondary sources for the Board to make a fair, impartial and equitable determination on the issue.

3.  The available record does not contain much documentation of the applicant's periods of service in the USMC and USMC Reserve (USMCR).  

4.  A single page of his USMC WWII Service Record states that he enlisted in the USMC on 26 March 1946.  He qualified as a sharpshooter with the rifle, was awarded the WWII Victory Medal, and qualified for the Marine Corps Good Conduct Medal.  During this period of service he served as a clerk-typist.

5.  An Honorable Discharge Certificate states that the applicant was honorably discharged on 10 December 1947.  It indicates that the applicant had enlisted in the USMCR for two years on 15 December 1947, reenlisted for four years on 15 December 1949, and had been issued the Marine Reserve Lapel Button and the Honorable Service Lapel Button.  

6.  A second Honorable Discharge Certificate shows the applicant was honorably discharged from the USMCR on 13 April 1950.  

7.  The applicant enlisted in the Regular Army on 17 April 1950 and completed basic Airborne and Ranger training.

8.  The WD AGO Form 24A (Service Record) shows the following:

	a.  Headquarters, 120th Training Command Special Orders Number 46, dated 27 June 1950, awarded the applicant the Parachute Badge and the Glider Badge; and

	b.  Headquarters, 21st Infantry Division, Special Orders Number 141, dated 30 June 1951, awarded the applicant the Combat Infantryman Badge. 

9.  Headquarters, 382nd General Hospital General Orders Number 31, dated 3 May 1951 awarded the applicant the Purple Heart for wounds received on 25 April 1953 while assigned to the 8th Ranger Airborne Company, 24th Infantry Division.


10.  His 17 April 1953 DD Form 214 lists his awards as the Korean Service Medal with three bronze campaign stars, the Combat Infantryman Badge, the Purple Heart, the [Army] Good Conduct Medal, the Parachutist/Glider Badge, and the Army of Occupation Medal with Japan clasp.  It also shows his date of birth as 3 April 1950. 

11.  His DA Form 20 (Enlisted Qualification Record) lists his awards as the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal, the WWII Victory Medal, the Good Conduct Medal, the Purple Heart, the Combat Infantryman Badge, the Parachutist Badge, and the Glider Badge.

12.  In January 1979, the applicant requested that his DD Form 214 be corrected to show his date of birth as 13 April 1930.  A DD Form 215 (Correction to the DD Form 214) was issued on 1 February 1979.

13.  In October 1984, the applicant requested that his military awards and decorations include the Bronze Star Medal based on award of the Combat Infantryman Badge.  This issue was addressed by the National Personnel Records Center in its 7 January 1985 DA Form 1577 response to the applicant.

14.  A 7 January 1985 DA Form 1577 lists his authorized awards as the Purple Heart, the Good Conduct Medal, the Army of Occupation Medal with Japan clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, the Parachutist Badge and the Glider Badge.  It also states that he was not authorized the Bronze Star Medal based on award of the Combat Infantryman Badge since that provision applied only to service during WWII.

15.  In March 1991, he again requested that his military awards and decorations include the Bronze Star Medal, based on award of the Combat Infantryman Badge.  He was again notified of his authorized awards as listed on the earlier DA Form 1577 and was again told he did not qualify for the Bronze Star Medal.

16.  A Certificate of Training, issued on 23 January 1998, indicates that during the period September 1950 and September 1951 the applicant completed Ranger Training. 

17.  On 2 March 2000, a DD Form 215 was issued correcting his DD Form 214 by adding award of the Ranger Tab and showing he had completed Basic Airborne Training and Ranger Training.


18.  On 26 February 2003, the National Personnel Record Center notified the applicant that they had verified his entitlement to the Purple Heart, the Glider Badge, the Bronze Star Medal, the Parachutist Badge - Basic, the WWII Victory Medal, the WWII Honorable Service Lapel Button, the Combat Infantryman Badge, the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with 3 bronze service stars, and the Republic of Korea Presidential Unit Citation.

19.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation.

20.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is to list awards and decorations for all periods of service.  Abbreviations are not to be used.  A DD Form 214 will be reissued when two DD Forms 215 have been issued and an additional correction is required. 

21.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  

22.  The Government of the Republic of Korea issued the Republic of Korea 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 ROK-KWSM.  To qualify for award of the ROK-KWSM, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that all of his authorized awards be listed on his 17 April 1953 DD Form 214, to include the National Defense Service Medal, the United Nations Service Medal, and his awards from his period of service in the USMC.

2.  The available record show that the applicant qualified for the Marine Corps Good Conduct Medal, the WWII Victory Medal, the Marine Corps Sharpshooter Medal with Rifle Bar, the Marine Reserve Lapel Button, and the Honorable Service Lapel Button.  These awards are not listed on the 17 April 1953 DD Form 214.

3.  The applicant's Army records were previously corrected twice by adding to his DD Form 214 the Ranger Tab and correcting his date of birth.

4.  The available records do not include any indication that the applicant was awarded a Bronze Star Medal except as noted on the 26 February 2003 National Personnel Record Center letter.  This letter is not a source document and cannot be used as the sole documentation to correct the records to show award of this or any award or decoration.  

5.  Since the applicant was not awarded the Combat Infantryman Badge during WW II; he is not entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  The record contains no documentation of an award of the Bronze Star Medal.  Therefore, the entry on the 26 February 2003 National Personnel Record Center letter appears to incorrectly list the Bronze Star Medal as an authorized award.

6.  The applicant served during a period for which the National Defense Service Medal is authorized.  This award is not listed on his DD Form 214.

7.  The applicant was awarded both a Parachutist Badge and a Glider Badge in June 1950 as well as qualifying for award of the Ranger Tab.  These badges should be listed separately on his 17 April 1953 DD Form 214.

8.  The applicant served in Korea with a unit that is authorized the Republic of Korea Presidential Unit Citation and during the period for which the Republic of Korea War Service Medal is authorized.  These awards are not listed on his DD Form 214.

9.  The applicant's records should be corrected to show that, during his period of service in the Army, he was awarded or is authorized award of the Purple Heart, the Army Good Conduct Medal, the Army of Occupation Medal with Japan clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Republic of Korea War Service Medal, the Republic of Korea Presidential Unit Citation, the Combat Infantryman Badge, the Parachutist Badge, the Glider Badge, and the Ranger Tab.


10.  Since two DD Forms 215 have already been issued, it is appropriate to correct the applicant's records by issuing him a new DD Form 214.  The corrected DD Form 214 should include his correct date of birth (13 April 1930) and show his authorized awards as: the Purple Heart, the Army Good Conduct Medal, the Marine Corps Good Conduct Medal, the Army of Occupation Medal with Japan clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the WW II Victory Medal, the Republic of Korea War Service Medal, the Marine Corps Sharpshooter Medal with Rifle Bar, the Republic of Korea Presidential Unit Citation, the Combat Infantryman Badge, the Parachutist Badge, the Glider Badge, the Ranger Tab, the Marine Reserve Lapel Button, the Honorable Service Lapel Button, and the Marine Corps Sharpshooter Medal with Rifle Bar. 

BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected issuing him a new DD Form 214.  The corrected DD Form 214 should include his correct date of birth (13 April 1930) and show his authorized awards as: the Purple Heart, the Army Good Conduct Medal, the Marine Corps Good Conduct Medal, the Army of Occupation Medal with Japan clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the WWII Victory Medal, the Republic of Korea War Service Medal, the Marine Corps Sharpshooter Medal with Rifle Bar, the Republic of Korea Presidential Unit Citation, the Combat Infantryman Badge, the Parachutist Badge, the Glider Badge, the Ranger Tab, the Marine Reserve Lapel 








Button, the Honorable Service Lapel Button, and the Marine Corps Sharpshooter Medal with Rifle Bar. 




      _______ _   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)                                         AR20090000941





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