IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20110023325 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Legion of Merit (LOM).

2.  He states his award of the LOM was announced in General Orders Number 396, dated 12 August 1968.  His retirement date and ceremony were on 31 July 1968 at Fort Shafter, HI.  On 16 August 1968, he was notified at his home in California that he was authorized the award.  Apparently the award was not recorded in his records.  He wants his records corrected so the National Personnel Records Center (NPRC) will issue him the award.

3.  He provides:

* e-mail correspondence from the Veterans Medals Team - Philadelphia
* correspondence from NPRC
* his DD Form 214
* correspondence from Headquarters, U.S. Army Pacific (USARPAC)
* General Orders (GO) Number 396, issued by Headquarters, USARPAC, dated 12 August 1968 

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 was inducted into the Army of the United States on 9 January 1943.  On 16 January 1943, he entered active service following a brief period of service in the Enlisted Reserve Corps.  He was honorably discharged on 27 December 1945.  During this period of service, he served in the European Theater of Operations with the 20th Special Service Company from 6 August 1943 to 29 September 1945. 

3.  On 4 February 1949, he was appointed as a second lieutenant/O-1 in the U.S. Army Reserve.  On 10 August 1949, he entered active duty.  

4.  His DA Form 66 (Officer Qualification Record) shows in:

   a.  Item 17 (Foreign Service) he served in Korea from 12 September 1950 through a date not shown.

   b.  Item 18 (Record of Assignments) he was assigned to the Far East Command as a platoon leader with Company F, 187th Airborne Infantry Regiment, from 9 October 1950 to 25 January 1951.

   c.  Item 21 (Awards and Decorations): 

* European-African-Middle Eastern (EAME) Campaign Medal
* Good Conduct Medal (GCM)
* Army of Occupation Medal (AOM) (Germany)
* World War II Victory Medal
* Combat Infantryman Badge (CIB) (2nd Award)
* Parachutist Badge
* Glider Badge 
* five Overseas Service Bars
* Korean Service Medal (KSM)
* United Nations Service Medal (UNSM)
* National Defense Service Medal (NDSM) (2nd Award)


* Bronze Star Medal (BSM) (2nd Award)
* Republic of Korea Presidential Unit Citation (ROKPUC)
* Army Commendation Medal (ARCOM)

   d.  Item 22 (Campaigns) he was credited with service in the following World War II campaigns: 

* Naples Foggia
* Anzio
* Rome Arno
* Northern France
* Ardennes
* Central Europe
* Rhineland

   e.  Item 22 he was credited with service in the following Korean War campaigns:

* UN Offensive
* Chinese Communist Forces (CCF) Intervention
* 1st UN Counteroffensive
* UN Defense

5.  On 31 July 1968, he retired in the rank of lieutenant colonel/O-5 after completing 21 years, 11 months, and 11 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* EAME Campaign Medal
* GCM
* AOM (Germany)
* World War II Victory Medal
* CIB (2nd Award)
* NDSM (2nd Award)
* five Overseas Service Bars
* KSM
* UNSM
* BSM (2nd Award)
* ROKPUC

6.  His record does not contain the orders showing award of the LOM.  However, the applicant provides a cover letter from an assistant adjutant general, 


Headquarters, USARPAC, dated 16 August 1968, stating GO 396, dated 
12 August 1968, and the citation for award of the LOM were enclosed.  GO 396, dated 12 August 1968, show he was awarded the LOM (Degree of Legionnaire) for exceptionally meritorious conduct in the performance of outstanding services during the period July 1958 to July 1968.

7.  A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the EAME Campaign Medal and the KSM for each campaign during which an individual was assigned or attached to, and present for duty with, a unit during the period in which it participated in combat.  A silver service star is authorized in lieu of five bronze service stars.

9.  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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign credits and unit awards for World War II and the Korean War units.  

   a.  The above pamphlet shows the 20th Special Service Company was credited with participation in five campaigns while he was assigned to the unit:

* Naples-Foggia (Ground) (9 September 1943 - 21 January 1944)
* Rome-Arno (22 January - 9 September 1944)
* Rhineland (15 September 1944 - 21 March 1945) 
* Ardennes-Alsace (16 December 1944 - 25 January 1945)
* Central Europe (22 March - 11 May 1945)

   b.  The above pamphlet also shows the 187th Airborne Infantry Regiment was credited with participation in three campaigns while he was assigned to the unit:  the UN Offensive, CCF Intervention, and First UN Counteroffensive.



DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided a partial copy of orders awarding him the LOM and correspondence confirming he received the award.  This evidence is sufficient to correct his DD Form 214 to show this award.  

2.  His DA Form 66 contains entries showing he was credited with participation in seven World War II campaigns and four Korean War campaigns; however, a review of his record and Department of the Army Pamphlet 672-1 confirms he is actually entitled to be credited with participation in five World War II campaigns and three Korean War campaigns.  Accordingly, he is entitled to correction of his DD Form 214 to show the EAME Service Medal with one silver service star and the KSM with three bronze service stars.  

3.  His service meets the criteria for award of the ROKWSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

4.  His record shows he served as a platoon leader in an airborne infantry regiment, and he was authorized the Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.  

5.  His record shows he was authorized the Glider Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.  

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 making the following correction on his DD Form 214:

	a.  deleting the EAME Campaign Medal and KSM; and

	b.  adding the:

* LOM
* EAME Service Medal with one silver service star
* KSM with three bronze service stars
* ROKWSM  
* Parachutist Badge
* Glider Badge



      _______ _ 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)                                         AR20110023325



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ABCMR Record of Proceedings (cont)                                         AR20110023325



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