IN THE CASE OF:	  

		BOARD DATE:	    3 November 2011

		DOCKET NUMBER:  AR20110005580 


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 reconsideration of his application for correction of his record to show he was awarded the Bronze Star Medal (BSM).  He submits a new request to be awarded the Purple Heart and to be issued the BSM.

2.  He states, in effect, he does not understand why the Board confirmed he was entitled to the BSM with one Oak Leaf Cluster, but did not add the decorations to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He requests a more adequate and detailed explanation of this decision.  He also states he was supposed to receive the Purple Heart for his service during World War II.  He was told "they" were out of awards at the time, so "they" told him come back at a later date.  After several attempts, he relocated, and did not hear anything else regarding the Purple Heart.

3.  He provides a record of a Veterans Administration (VA) medical examination, letter orders awarding him the BSM, general orders awarding him the BSM with Oak Leaf Cluster, a citation for the BSM (First Oak Leaf Cluster) a page from his Service Record, and his DD Form 214 for the period ending 2 May 1958.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100014004, on 18 January 2011.

2.  The applicant presents a new argument which was not previously considered by the Board and warrants consideration at this time.

3.  The applicant was inducted into the Army of the United States on 17 February 1943 and honorably discharged on 4 January 1946.  On 4 February 1947, he enlisted in the Regular Army (RA).  His record shows he continued his service in the RA until he retired on 31 March 1964.  He completed 20 years and 15 days of total active service.

4.  His WD AGO Form 53-55 (Enlisted Record and Report of Separations - Honorable Discharge) shows in:

* item 31 (Military Qualification and Date) - 

* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

* item 33 (Decorations and Citations) - 

* Three overseas service bars
* American Campaign Medal
* European-African-Middle Eastern Theater Ribbon with three bronze battle stars (more commonly known as "service" stars)
* Good Conduct Medal
* World War II Victory Medal 

* item 34 (Wounds Received in Action) - None

5.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 23 July 1944 and departed on 19 December 1945.

6.  His WD AGO Form 24-C (Service Record) shows he was assigned to Headquarters, 50th Armored Infantry Battalion, from 6 December 1944 to 6 June 1945.

7.  Letter Orders, issued by the Office of the Adjutant General, Washington, DC, dated 6 April 1948, awarded him the BSM for exemplary conduct in ground combat against the armed enemy during the Rhineland Campaign in the European Theater of Operations.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 January 1950 shows the:

* Army of Occupation Medal
* World War II Victory Medal
* "American Theater of Operations"
* European African Middle Eastern Theater Ribbon with three bronze [service] stars
* Bronze Star Medal

9.  His DD Form 214 for the period 13 January 1951 to 2 May 1955 is not contained in the available records

10.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned to Battery A, 77th Field Artillery Battalion, from 26 October 1950 to 1 October 1951.  Section 5 (Service Outside Continental United States) shows he served in Korea from 19 October 1950 to 17 January 1951 and from 16 March to 4 October 1951.

11.  General Orders Number 238, issued by Headquarters, 1st Cavalry Division, dated 23 August 1951, awarded him the BSM (Oak Leaf Cluster) for his meritorious achievement during the period 2 November 1950 to 3 June 1951.

12.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 2 May 1958 shows the:

* Good Conduct Medal (GCM)
* BSM
* "American Theatre"
* World War II Victory Medal
* Army of Occupation Medal (Japan)
* "Oak Leaf Cluster BSM"
* Korean Service Medal (KSM) with four bronze service stars
* United Nations Service Medal (UNSM)
* "GCM 1 Loop"
* National Defense Service Medal (NDSM)

13.  Item 26 of his DD Form 214 for the period ending 2 May 1961 shows the:

* Marksman Marksmanship Qualification Badge with Carbine Bar
* GCM with three loops

14.  Item 26 of his DD Form 214 for the period ending 31 March 1964, as amended by a DD Form 215, dated 12 May 2011, shows the Army Good Conduct Medal (Fifth Award).

15.  A review of his Official Military Personnel File failed to reveal any documentation showing he was wounded as a result of hostile action or that he was awarded the Purple Heart.  

16.  He provides a VA record showing he was examined at a VA medical center on 27 October 1988.  The examining physician recorded the applicant's assertion that the fin of a mortar shell hit him over the right ear and that the wound was debrided by the medics.  He stated he was irritated that the wound was not in his records and he did not get a Purple Heart.  The examining physician confirmed he had a scar over his right ear.  

17.  Army Regulation 635-5 (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.  Versions of the regulation in effect during the applicant's service stated that only awards for the current period of service would be entered on DD Form 214 from 1953 to January 1967.  All awards would be entered after 1 February 1967.

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

19.  A review of the available records indicates entitlement to additional awards and decorations not shown on his WD AGO Form 53-55 or DD Forms 214.

20.  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:

* 50th Armored Infantry Battalion was credited with occupation service in Germany from 2 May to 4 September 1945
* 77th Field Artillery Battalion was cited for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 18 April to 11 May 1951 by Department of the Army General Orders Number 20, dated 1953
21.  Army Regulation 600-8-22 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.  

22.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

23.  Army Regulation 600-8-22 states the NDSM 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.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant was wounded as a result of hostile action.  The VA examination record he provides is dated more than 40 years after the end of World War II and does not constitute evidence showing he was wounded as the result of hostile action or that he received a wound that required treatment by medical personnel.  In the absence of such documentation, there is an insufficient basis upon which to award him the Purple Heart.  

2.  During most of the applicant's service, the DD Form 214 was a "cumulative" document.  Each DD Form 214 issued was only to show decorations earned during the period of service covered by the form.  As a result, the applicant's earlier DD Forms 214 show awards that were not required to be listed on the DD Form 214 issued when he retired in 1964.  

3.  Notwithstanding the preceding paragraph, in this case, as an exception to policy, it would be appropriate to correct the applicant's final DD Form 214 to show all awards he was authorized when he retired as well as the awards addressed below.  

4.  He served in a unit that was credited with occupation duty in Germany and he was awarded the European-African-Middle Eastern Campaign Medal for service before 9 May 1945.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp.
5.  Based on his service in Korea, he is entitled to the ROKWSM.  

6.  He served in the 77th Field Artillery Battalion during a period for which the unit was cited for the ROKPUC.  

7.  He served during two periods of eligibility for the NDSM.  He is entitled to the NDSM with one bronze service star.  

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 partial relief.

2.  In regard to the request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20100014004, dated 19 January 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to item 26 of his       DD Form 214 for the period ending 31 March 1964:  

* BSM (2d Award)
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* World War II Victory Medal
* Army of Occupation Medal with Germany and Japan Clasps
* NDSM with one bronze service star  
* KSM with four bronze service stars
* UNSM
* ROKPUC
* ROKWSM 

3.  The applicant should also be issued the BSM.

4.  With regard to the new issue, the Board determined that the evidence presented was insufficient to warrant the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.  



      ___________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)                                         AR20110005580



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ABCMR Record of Proceedings (cont)                                         AR20110005580



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