IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100023900 


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 daughter of a deceased former service member (FSM), requests, in effect, correction of her father's DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Bronze Star Medal.

2.  She states her father was awarded the BSM during a post-discharge ceremony.

3.  She provided:

* a future news release document
* the FSM's DD Form 214
* her birth certificate
* her marriage certificate
* the FSM's Certificate of Death
* her mother's medical incapacitation documents

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 FSM's military records are 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of United States on 17 January 1944.  He was honorably discharged on 14 April 1946 for the convenience of the Government by reason of demobilization.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) he was issued at the time shows in:

* Item 6 (Organization) he was assigned to the 2nd Chemical Mortar Battalion
* Item 20 (Military Occupational Specialty and Number) the entry Ammunition Noncommissioned Officer (NCO)--505 
* Item 31 (Military Qualification and Date) he was awarded the Glider Badge
* Item 32 (Battles and Campaigns) he participated in the Rome-Arno, Rhineland, and Central Europe campaigns
* Item 33 (Decorations and Citations) the:

* European-African-Middle Eastern (EAME) Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal

* Item 36 (Service Outside Continental United States and Return) he arrived in the European-African-Middle Eastern Theater of Operations on
13 August 1944 and he departed the theater en route to the United States on 30 March 1946
* Item 55 (Remark) he enlisted in the Enlisted Reserve Corps (ERC) on the date of separation

4.  The FSM's available record shows he was ordered to active duty from the ERC on 29 September 1950.


5.  General Orders Number 659, issued by Headquarters, 24th Infantry Division, dated 1 October 1951, show the FSM was awarded the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States in Korea during the period 1 February to 31 July 1951.

6.  The FSM's DD Form 214 shows he was honorably released from active duty and he was returned to the ERC on 17 October 1951.  He completed 1 year and 19 days of net service this period, including 9 months and 21 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with 3 bronze service stars.

7.  The applicant provided Headquarters, Louisiana Military District, Office of the Public Information Officer, Future Release.  This document was scheduled to be released for publication on 3 March 1952.  It shows the FSM was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against the enemy while serving as a sergeant first class with the
13th Field Artillery Battalion, 24th infantry Division in Korea.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Army Regulation 600-8-22 states 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.

10.  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.

11.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle 


Eastern Theater between 7 December 1941 and 8 November 1945.  One bronze service star is authorized for each campaign while assigned or attached to, and present for duty with, a unit during the period in which it participated in combat.

12. Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  It further 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.  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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the 2nd Chemical Mortar Battalion received credit for occupation duty in Germany for the period 2 May 1945 through 15 January 1946.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the FSM was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Based on the FSM's active duty service and service in Korea, he was entitled to the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, the FSM's DD Form 214 should be corrected to show these awards.

3.  The FSM participated in three campaign phases while assigned to the European-African-Middle Eastern Theater of Operations.  Therefore, his
DD Form 214 should be corrected to show the European-African-Middle Eastern Campaign Medal with three bronze service stars.

4.  The FSM's unit in the European-African-Middle Eastern Theater of Operations was granted credit for occupation duty in Germany.  Therefore, his DD Form 214 should be corrected to show the Army of Occupation Medal with Germany Clasp.
5.  In view of the foregoing, the FSM's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of the FSM's DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal
* Glider Badge

2.  The Board wants the applicant and all others concerned to know that her father's service and sacrifices to our Nation is greatly appreciated.  The applicant and all Americans should be justifiably proud of her father's 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)                                         AR20100023900



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ABCMR Record of Proceedings (cont)                                         AR20100023900



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