IN THE CASE OF:	

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090019524 


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, the son of a deceased former service member (FSM), requests, in effect, correction of his father's DD Form 214 (Report of Transfer of Discharge) for the period ending 31 October 1961 to show the Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, European-African-Middle-Eastern Campaign Medal with three bronze service stars, Korean Service Medal with three bronze service stars, Republic of Korea War Service Medal, Armed Forces Reserve Medal with one silver hourglass, and the Army Service Ribbon.

2.  The applicant states:

* his father's DD Form 214 does not show these medals/ribbons
* the citation for the Bronze Star Medal shows his combat time in Korea from 12 May 1952 to 30 January 1953
* he did not discover the errors on his father's DD Form 214 until he started working on a new display case made for his medals/ribbons

3.  The applicant provides:

* FSM's DD Form 214
* Letter from the National Personnel Records Center, St. Louis, MO, dated 23 October 2009
* FSM's DA Form 66 (Officer Qualification Record)


* Orders for the Purple Heart
* Citation and orders for the Bronze Star Medal
* Certificate of Achievement
* Retirement orders
* FSM's Certificate of Death
* His Certificate of Birth

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 requested that the European-African-Middle Eastern Campaign Medal with three bronze service stars be added to his father's DD Form 214.  The FSM's WD AGO Form 53-98 ((Military Record and Report of Separation - Certificate of Service) currently shows he was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the WD AGO Form 53-98 will be provided to the applicant.

3.  Having prior enlisted service in the Army National Guard, the FSM was inducted into the Army of the United States on 5 March 1941.  He was honorably discharged in the rank/grade of sergeant (SGT)/E-5 on 28 October 1942 for appointment in the Army of the United States.  He was appointed as a second lieutenant (2LT)/O-2 and entered active duty on 29 October 1942.  He served in the European Theater of Operations from 23 December 1944 to 17 November 1945 and he was released from active duty on 1 February 1946.

4.  Item 6 (Organization) on the FSM's WD AGO Form 53-98 shows he was assigned to Battery B, 635th Field Artillery Battalion.  His WD AGO Form 53-98 shows in item 29 (Decorations and Citations) the American Defense Service 


Ribbon, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, World War II Victory Medal, and one Overseas Service Bar as authorized awards.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 635th Field Artillery Battalion received occupation credit for Germany for the period 2 May 1945 to 31 October 1945.

6.  The FSM was ordered to active duty from the U.S. Army Reserve (USAR) on 
25 September 1946.  He retired in the rank/grade of captain (CPT)/O-3 on
31 October 1961.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows the Korean Service Medal, United Nations Service Medal, Bronze Star Medal, Purple Heart, Distinguished Unit Citation, American Defense Service Medal, Armed Forces Reserve Medal, National Defense Service Medal, and Army Commendation Medal as authorized awards.

8.  Item 17 (Foreign Service) on the FSM's DA Form 66 shows he served in Korea from 12 May 1952 to approximately 5 February 1953.  However, his citation for award of the Bronze Star Medal shows he served in Korea from 
12 May 1952 to 30 January 1953.

9.  Records show the FSM participated in two campaigns during his assignment in Korea:

* Korean Summer-Fall by Department of the Army General Orders (DAGO) 93, dated 1952
* 3rd Korean Winter by DAGO 6, dated 1953

10.  Army Regulation 600-68 (Army Good Conduct Medal), in effect at the time, stated 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 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war.  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate.


11.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

12.  Army Regulation 600-8-22, paragraph 5-9, 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 campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in the Republic of Korea, he participated in the following two campaigns:

* Korea, Summer-Fall 1952 (1 May - 30 November 1952)
* Third Korean Winter (1 December 1952 - 30 April 1953)

13.  Army Regulation 600-8-22 states 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.

14.  Army Regulation 600-8-22 states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The regulation states the conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.  The Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass, 
the second 10-year period is denoted by a silver hourglass, and the third by a gold hourglass.  

15.  Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the Army Good Conduct Medal was noted.  However, evidence of record shows the FSM had enlisted service from 5 March 1941 to 28 October 1942.  Unfortunately, he did not have 1 year of enlisted service after 1 December 1941 as required by the governing regulation.  Regrettably, there is no basis for granting the applicant's request for this award.

2.  The 635th Field Artillery Battalion received occupation credit for Germany which entitles the FSM to award of the Army of Occupation Medal with Germany Clasp.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The FSM's DD Form 214 shows the Korean Service Medal as an authorized award.  Although the applicant requests the FSM's DD Form 214 be corrected to show three bronze service stars, based on the FSM's service in Korea from
12 May 1952 to 30 January 1953 and participation in two designated campaigns, he is eligible for the Korean Service Medal with two bronze service stars.

4.  The FSM served a period of qualifying service for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The FSM's DD Form 214 shows the Armed Forces Reserve Medal as an authorized award.  However, evidence of record shows he had over 15 years in the USAR when he retired.  Therefore, he is entitled to the Armed Forces Reserve Medal with one bronze hourglass.  Since he did not have 20 qualifying years in the USAR, he is not eligible for the Armed Forces Reserve Medal with silver hourglass.

6.  Since the FSM did not have an Active Army status on or after 1 August 1981, there is no basis for granting the applicant's request for the Army Service Ribbon.






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.  deleting from item 26 of the FSM's DD Form 214 the Korean Service Medal and the Armed Forces Reserve Medal, and

	b.  adding to item 26 of the FSM's DD Form 214 the Army of Occupation Medal with Germany Clasp, Korean Service Medal with two bronze service stars, Republic of Korea War Service Medal, and the Armed Forces Reserve Medal with one bronze hourglass.

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 Army Good Conduct Medal, Korean Service Medal with three bronze service stars, Armed Forces Reserve Medal and one silver hourglass, and Army Service Ribbon.



      ___________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)                                         AR20090019524



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ABCMR Record of Proceedings (cont)                                         AR20090019524



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