IN THE CASE OF:	

		BOARD DATE:	  24 February 2010

		DOCKET NUMBER:  AR20090016037 


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 the records of her deceased husband, a former service member (FSM), be corrected to show a second award of the Combat Infantryman Badge (CIB). 

2.  The applicant states that the FSM served during World War II as an infantryman and was awarded the CIB.  He also served in Korea as an infantryman and was awarded the Purple Heart.  However, his DA Form 20 (Enlisted Qualification Record) shows only one award of the CIB.  She has no official record to substantiate a second award of the CIB.  He is now buried at Arlington Cemetery where policy permits the listing of all awards on his gravestone.  The CIB was his most coveted and significant of his awards.

3.  The applicant provides a copy of a letter, dated 13 July 2009, from the National Personnel Records Center; various photographs of the FSM; undated extracts and/or clips from newspapers; a copy of a recommendation memorandum, dated 12 February 1963, for the FSM's direct commission; an affidavit, dated 9 August 2009; a copy of the FSM's DA Form 20 (Soldier's Qualification Record); a copy of the FSM's DA Form 20, audited by the FSM on 26 August 1965; a Certificate of Marriage, dated 23 December 1989; and a copy of the FSM's Certificate of Death, dated 9 January 2009, in support of her request.  




CONSIDERATION OF EVIDENCE:

1.  The FSM's records show that after having had prior service, he enlisted in the Regular Army (RA) on 10 May 1946.  He was trained in and held military occupational specialty (MOS) 2745 (Rifleman).  He subsequently had a series of reenlistments in the RA and was honorably retired in the rank/grade of sergeant major (SGM)/E-9 on 30 April 1966 and placed on the retired list in his retired rank/grade of SGM/E-9 on 1 May 1966.  He was issued several discharges documents/or separation documents during his military service as follows:

	a.  WD AGO Form 53 (Enlisted Record and Report of Separation) for the period ending 9 May 1949 shows:

		(1)  he held military occupational specialty (MOS) 2745 (Rifleman) and was assigned to Company C, 35th Infantry Regiment;

		(2)  he completed 8 months and 24 days of continental service and 
2 years, 3 months, and 6 days of foreign service;

		(3)  he was honorably separated on 9 May 1949; 

		(4)  item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.) shows he was awarded the CIB and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1);

		(5)  he was awarded the World War II Victory Medal and the Army of Occupation Medal with Clasp (Japan); and

		(6)  item 34 (Wounds Received in Action) of this form contains the entry "None." 

	b.  DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period 10 May 1949 to 14 May 1952, shows:

		(1)  he held MOS 1745 (Light Weapons Infantry Squad Leader);
 
		(2)  he completed 1 year and 25 days of foreign service;

		(3)  he was honorably separated on 14 May 1952; 

		(4)  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the CIB, the Army of Occupation Medal with Clasp (Japan), the Republic of Korea Presidential Unit Citation, the Purple Heart, the Korean Service Medal with two bronze service stars, and the United Nations Service Medal; and

		(5)  item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "Gun Shot wound of leg, Korea, 19 Sep 50."

	c.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period from 15 May 1952 to 2 September 1964 shows:

		(1)  he reenlisted in the RA on 15 May 1952 for an indefinite term; 

		(2)  item 24c (Foreign and Sea Service) shows that he completed 3 years and 7 days of overseas service; and

		(3)  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the National Defense Service Medal, the Army Commendation Medal, and the Good Conduct Medal (5th Award).

	d.  DD Form 214 for the period from 3 September 1964 to 30 April 1966 shows:

		(1)  he reenlisted in the RA on 3 September 1964 and was retired on 30 April 1966; 

		(2)  item 24b (Total Active Service) shows he completed 22 years and 26 days of honorable active service;

		(3)  item 24c (Foreign and Sea Service) shows no foreign service during this enlistment; and

		(4)  item 26 of this form shows no awards. 

2.  Section 22 (Duty for Which Additional Pay is Authorized, Including Flying, Glider, Qualification in Arms, Sea Duty, Diving, Parachute, Etc.) of the FSM's 
WD AGO Form 24A (Service Record) shows he was awarded the CIB by General Orders Number 21, issued by Headquarters, 109th Infantry, on 30 April 1945.




3.  Item 29 (Record of Current Service) of the FSM's DA Form 20 for the period 10 Mar 1949 to 14 May 1952 shows:

   a.  he was assigned to Companies C and G, 35th Infantry in Japan from on or about 10 March 1949 to 1 July 1950;

	b.  he was transferred to Korea on or about 1 July 1950, and served with Company C, 21st Infantry Regiment to 19 September 1950 when he was wounded in action; and

	c.  he was transferred back to Japan on 22 September 1950 and ultimately he returned to Fort Devens, MA, on 17 October 1951.  

4.  Item 31 (Foreign Service) of the FSM's DA Form 20 for the period 15 May 1952 to his retirement shows he completed the following periods of foreign service:

	a.  he completed 7 months in Germany from on or about 10 January 1945 to 16 August 1945;

	b.  he completed 43 months in Japan and Korea from on or about 16 February 1947 to 21 September 1950; and

	c.  he completed 36 months in France from on or about 24 August 1953 to on or about 1 September 1956.

5.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 for the period 15 May 1952 to his retirement date shows the following entries:  

	a.  he was awarded the EAME Campaign Medal, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Clasp (Japan), the Army of Occupation Medal with Clasp (Germany), the CIB, the Purple Heart, the Bronze Star Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Good Conduct Medal (5th Award), and the Army Commendation Medal; and

	b.  he was awarded the Good Conduct Medal with one silver loop by General Order Number 2, issued by Headquarters, 2nd U.S. Army Cadet Corps, on 27 January 1965.


6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  The CIB is authorized for award for World War II (7 December 1941 to 3 September 1945) and the Korean War (27 June 1950 to 27 July 1953).  The second-and third-award CIBs are indicated with superimposed five-point stars;
1 for the second award, 2 for the third award, respectively, at the badge’s top, between the points of the oak-leaf wreath.

7.  A review of the FSM's records indicates his entitlement to additional awards which are not shown on his records and/or DD Forms 214.

8.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the CIB or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995 and 11 September 2001 and 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.

	c.  The Republic of Korea War Service Medal 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 must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	d.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  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 (EAME) must have been awarded prior to 9 May 1945.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.  

	e.  The EAME is authorized for qualifying service in the EAME Theater of Operations for the period 7 December 1941 to 8 November 1945.  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 (Battles and Campaigns) of the WD AGO Form 53.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  Additionally, Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the "Ground Combat-EAME Theater" campaign, from 7 December 1941 to 2 September 1945 as an authorized campaign when a member's/unit's campaign participation is not otherwise specified.

	f.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  A clasp is authorized for wear on the AGCM to denote second or subsequent awards.  Clasps authorized for second and subsequent awards are in table 4–1.  A second award is denoted by two bronze loops, a third award is denoted by three bronze loops, a fourth award is denoted by four bronze loops, a fifth award is denoted with five bronze loops, and a sixth award is denoted with a silver loop.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show a second award of the CIB.  

2.  The evidence of record shows that the FSM was awarded the CIB by General Orders Number 21, issued by Headquarters, 109th Infantry, on 30 April 1945, during WWII.  The evidence of record also shows the FSM was assigned to an infantry unit and held an infantry MOS when he was wounded in action on 19 September 1950 in Korea.  Therefore, there is sufficient evidence to show he is entitled to a second award of the CIB and correction of his records to show this award.  

3.  Based on his first award of the CIB, the FSM was also entitled to award of the Bronze Star Medal which is shown on his DA Form 20 but not on his WD AGO Form 53 or his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

4.  The evidence of record shows the FSM served honorably and continuously on active duty from 10 May 1946 to 30 April 1966.  During this period, the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974.  Therefore, he is entitled to two awards of the National Defense Service Medal and correction of his records to show both awards. 

5.  The evidence of record shows the FSM served in Korea from on or about 1 July 1950 to on or about 19 September 1950.  Therefore, he served a qualifying period for award of the Republic of Korea War Service Medal and he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record shows the FSM served in Germany from on or about 10 January 1945 to 16 August 1945 and Japan/Korea from on or about 16 February 1947 to 21 September 1950.  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 EAME Campaign Medal must have been awarded prior to 9 May 1945.  Qualifying service in Japan included service in the Japanese home islands between 3 September 1945 and 27 April 1952.  Therefore, he met the criteria for both awards, and although both are listed on his DA Form 20, neither is listed on his WD AGO Form 53 and/or DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.


7.  The evidence of record shows the FSM served in Germany during WWII and was awarded the EAME Campaign Medal; however, although this award is listed on his DA Form 20 it is not listed on his WD AGO Form 53 and/or DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.  Additionally, although the FSM's exact campaign participation cannot be determined, he is entitled to at least one bronze service star with the EAME Campaign Medal to designate his participation in the Ground Combat-EAME Theater campaign and he is entitled to correction of his DD Form 214 to show this award.

8.  The evidence of record shows the FSM was awarded six awards of the Good Conduct Medal (one silver loop indicates six awards).  However, his DD Form 214 for the period 15 May 1952 to 2 September 1964 shows five awards of the Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Good Conduct Medal (6th Award).

9.  The FSM's awards, decorations, and badges, are scattered randomly on three different forms (one WD AGO Form 53 and/or two DD Forms 214).  As a tribute to the sacrifices of this great American hero and in appreciation of his great service, there is no harm to the Army or the Soldier if his awards, decorations, campaigns, and badges are all captured on one form and listed on his last DD Form 214.  

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 by:

	a.  awarding the FSM a second award of the CIB on 19 September 1950; and 

	b.  adding to item 26 of his DD Form 214, dated 30 April 1966, the CIB (2nd Award), the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, the EAME Campaign Medal with one bronze service star, the World War II Victory Medal, the Army of Occupation Medal with Clasp (Japan), the Army of Occupation Medal with Clasp (Germany), the Republic of Korea Presidential Unit Citation, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal (2nd award), the Good Conduct Medal (6th Award), and the Republic of Korea War Service Medal.




      _______ _ 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)                                         AR20090016037



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ABCMR Record of Proceedings (cont)                                         AR20090016037



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