IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100008612 


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 widow of a former service member (FSM), requests, in effect, correction of his records to show award of the Bronze Star Medal and any other awards and decorations to which he is entitled.

2.  The applicant states, in effect, her husband served in the Regular Army (RA) from 9 November 1945 through 1 September 1948 prior to being released from active duty and transferred to the Reserves.  He was recalled to active duty on 30 September 1950 and served until 9 August 1951, when he was once again released from active duty and transferred to the Reserves.  She contends the FSM is entitled to award of the Bronze Star Medal based upon a newspaper article which indicated all World War II and Korean War veterans would receive one if they had previously received the Combat Infantryman Badge; which the FSM had.

3.  The applicant provides copies of:

* a self-authored statement
* a WD AGO Form 53 (Honorable Discharge)
* a DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a certificate of death
* a page extracted from the Beneficiary Identification and Records Locator Subsystem (BIRLS) database maintained by the Department of Veterans Affairs (DVA)
* a portion of a newspaper article extracted from her local newspaper

CONSIDERATION OF EVIDENCE:

1.  The FSM's military record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53 and a DD Form 214 provided by the applicant.

2.  The FSM's WD Form 53 shows he enlisted in the RA 9 November 1945.  His military occupational specialty was 2736 (Medium Tank Crewman).  His final unit of assignment was D Troop, 51st Construction Squadron.  He was honorably discharged on 1 September 1945 after completing a total of 2 years, 9 months, and 23 days of active military service.  He held the rank of corporal/grade five on the date of his separation.  

3.  The FSM's WD Form 53 also contains the following pertinent information:

	a.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) does not show award of the Combat Infantryman Badge.

	b.  Item 32 (Battles and Campaigns) shows he did not participate in any battles or campaigns during his period of service.

	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized:

		(1)  the World War II Victory Medal and

		(2)  the Army of Occupation Medal.

	d.  Item 36 (Service outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 29 March 1946 and departed on 13 August 1948.

4.  The FSM's DD Form 214 shows he was recalled to active duty from the Reserves on 30 September 1950 in MOS 1745 (Light Weapons Infantry Leader).  He was relieved from active duty on 9 August 1951 after completing an additional 10 months and 10 days of active military service.  He held the rank of sergeant on the date of his separation.  

5.  The FSM's DD Form 214 also contains the following pertinent information:
	a.  Item 26 (Foreign and/or Sea Service) shows he served a total of 8 months and 5 days either overseas or at sea.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized:

		(1)  the Korean Service Medal with 1 Bronze Service Star and

		(2)  the Combat Infantryman Badge.

	c.  Item 28 (Most Significant Duty Assignment) shows Company G, 5th Cavalry Regiment.

	d.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he sustained a gunshot wound to his left leg.

6.  The Korean Casualty Roster shows the FSM was wounded as the result of a hostile action on 1 June 1951 while serving in the Republic of Korea.

7.  The FSM's available record is void of any evidence and the applicant has not provided any evidence showing the FSM was ever recommended for or awarded the Bronze Star Medal.

8.  The applicant provides:

	a.  a page extracted from the BIRLS database maintained by the DVA which indicates, in pertinent part, the FSM entered active duty on 1 September 1950 and was released from active duty on 1 August 1951.

	b.  a portion of a newspaper article extracted from her local newspaper which, in pertinent part, states "The Bronze Star was automatically designated for WWII [World War II] and Korean War veterans who received the Combat Infantry [Infantryman] Badge."

9.  Paragraph 3-14 of Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  Awards may be made for acts of heroism performed under circumstances described above which are of lesser degree than required for the award of the Silver Star.  The Bronze Star Medal may be awarded for meritorious achievement or meritorious service according to the following:

	a.  Awards may be made to recognize single acts of merit or meritorious service.  The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction.

	b.  Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.  For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

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

	a.  Soldiers who served a qualifying period of service in the European Theater during the occupation of Europe for award of the Army of Occupation Medal will wear the Clasp inscribed "Germany."

	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 a date to be determined.

	c.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Based on qualifying service, this regulation also authorizes a bronze service star to be worn on the appropriate service ribbon, to include the Korean Service Medal, for each campaign listed in Appendix B of this regulation.  A silver service star is authorized in lieu of five bronze service stars.

	d.  the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	e.  the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in the Korean War.  This publication shows that the 5th Cavalry Regiment was awarded credit for participation in 5 campaigns during the FSM's period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the FSM's records should be corrected to show award of the Bronze Star Medal and any other awards and decorations to which he is entitled were carefully considered.

2.  Evidence shows the FSM served a qualifying period of service in a designated area of eligibility for award of the Army of Occupation Medal with Germany Clasp.  Evidence also shows the Germany Clasp was omitted from his WD AGO Form 53; therefore, he is entitled to have this form corrected to properly show this service medal.

3.  Evidence shows the FSM served a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to properly show this service medal.

4.  Evidence shows the FSM served a qualifying period of service for award of the Korean Service Medal and indicates he participated in 5 campaigns; therefore, he is entitled to correction of his DD Form 214 to show award of the Korean Service Medal with 1 Silver Service Star.

5.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal; therefore, he is entitled to correction of his DD Form 214 to show award of this medal.

6.  Evidence shows the FSM sustained a wound while in action against an enemy as a result of hostile action.  The wound required treatment by medical personnel, and the medical treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show receipt of this award.

7.  The newspaper article provided by the applicant incorrectly stated "The Bronze Star was automatically designated for WWII [World War II] and Korean War veterans who received the Combat Infantry [Infantryman] Badge."  In fact, award of the Bronze Star Medal based upon award of the Combat Infantryman Badge may only be made to veterans who were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.

8.  Evidence shows the FSM did not possess an Infantry MOS during his participation in World War II.  Additionally, he was not awarded the Combat Infantryman Badge until he served in the Korean War during the period 30 September 1950 to 9 August 1951.  As a result, the regulatory burden of proof necessary to support award of the Bronze Star Medal has not been satisfied.  Therefore, it would not be appropriate to grant the requested relief.

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 the Army of Occupation Medal from item 33 of his WD AGO Form 53;

	b.  adding the Army of Occupation Medal with Germany Clasp to item 33 of his WD AGO Form 53;

	c.  awarding him the Purple Heart;

	d.  deleting the entry "Korean Service Medal 1 Bronze Service Star" from item 27 of his DD Form 214;

	e.  adding to item 27 of his DD Form 214 the:

		(1)  Purple Heart;

		(2)  the United Nations Service Medal;

		(3)  the National Defense Service Medal, and

		(4)  Korean Service Medal with 1 Silver Service Star.

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 Bronze Star Medal based upon the FSM's receipt of the Combat Infantryman Badge.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100008612





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ABCMR Record of Proceedings (cont)                                         AR20100008612



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