IN THE CASE OF:	  

		BOARD DATE:	  26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018748 


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, in effect, award of the Army Commendation Medal.

2.  The applicant states, in effect, he is an 88-year old retired master sergeant who served in the South Pacific from January 1942 to December 1944, Korea in 1947 and 1948, Japan in 1948 and 1949, France from 1952 to 1955, Korea in 1960 and 1961, and Germany from 1962 to 1964.  He also states that while going through his records with his grandchildren, they saw the various letters of commendation and appreciation and insisted that he should have received an Army Commendation Medal.  The applicant adds that he explained to them that you do not request a medal, you must earn it; however, his grandchildren convinced him to submit the documents to the Army for review and a decision.

3.  The applicant provides copies of a Headquarters, Americal Division, Commendation for Outstanding Services; Headquarters, 1st Station Hospital (Korea), letter, dated 8 October 1948; Troop Headquarters, U.S. Naval Ship (USNS) General M.L. H_____, Fleet Post Office, letter of appreciation, dated 28 August 1952; Headquarters, 76th Engineer Battalion (Construction), Certificate of Achievement; Headquarters, Department of Mechanical and Technical Equipment, U.S. Army Engineer School, Fort Belvoir, Virginia, letter of commendation, dated 14 December 1962; and Headquarters, 8th Infantry Division, Office of the Commanding General, U.S. Forces, memorandum, dated 11 July 1963.

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's complete military service 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 a portion of the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in the applicant’s record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available military service records contain a WD AGO Form 21 (Enlistment Record - Regular Army) that shows he enlisted in the Regular Army and entered active duty on 24 March 1947.  Item 18 (Have You Ever Served in the U.S. Military or Naval Service, the Marine Corps, Coast Guard, or National Guard in an Active, Inactive, or Reserve Status) shows, in pertinent part, the applicant served in the U.S. Army from 13 November 1941 to 7 July 1945. The WD AGO Form 21 also shows the applicant held military occupational specialty (MOS) 657 (Medical Aidman).

4.  The applicant's military personnel records show he continued to serve on active duty, was awarded MOS 542 (Duty Noncommissioned Officer), was subsequently awarded MOS 612 (Construction Machine Operator), and then awarded MOS 631 (Wheel Vehicle Mechanic).  The applicant attained the rank of master sergeant/pay grade E-8 and honorably retired from active duty on 29 February 1964.

5.  The applicant’s military personnel records contain a WD AGO Form 24A (Service Record) covering the period 24 March 1947 to 22 November 1949.  Section 21 (Medals, Decorations, and Citations) shows the applicant was awarded the Good Conduct Medal, American Defense Service Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, Army of Occupation Medal (Korea), and Commendation Ribbon.  This item also shows that the applicant’s awards were verified by his honorable discharge document and War Department Circular 102 (1946).  Section 22 (Duty for which Additional Pay is Authorized, including Flying, Glider, Qualification in Arms, Sea Duty, Diving, Parachute, etc.) shows the applicant was awarded the Combat Medical Badge effective August 1945 and this was verified by his Enlisted Record of Honorable Discharge.

6.  The applicant’s military personnel records contain a WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) that shows he enlisted and entered active duty on 24 March 1947 and was honorably discharged on 22 November 1949 for the convenience of the Government to reenlist overseas.  Item 33 (Decorations and Citations) contains the entry "None."

7.  The applicant’s military personnel records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows he reenlisted for a period of 6 years on 23 November 1949 and was honorably discharged on 22 November 1955 based on expiration term of service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal and National Defense Service Medal.

8.  The applicant’s military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he reenlisted for a period of 6 years on 14 December 1955 and was honorably discharged on 13 December 1961 based on expiration term of service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal (2nd Award).

9.  The applicant’s military personnel records contain a DD Form 214 that shows he reenlisted for a period of 3 years on 14 December 1961, was honorably retired on 29 February 1964, and transferred to the U.S. Army Reserve Control Group (Retired), St. Louis, Missouri.  At the time he had completed 2 years, 2 months, and 17 days of net active service this period; 18 years, 3 months, and 24 days of other service; and 20 years, 6 months, and 11 days of total active service.  Item 26 contains the entry "None."

10.  The applicant’s military personnel records contain a DA Form 24 (Service Record) covering the period 14 December 1955 to 29 February 1964.  Section 9 (Medals, Decorations, and Citations) shows the applicant was awarded the Good Conduct Medal (2nd Award).  Section 10 (Remarks) contains the entry "Awards from Previous Service" and shows the applicant was awarded the Army Commendation Ribbon (Medal), Good Conduct Medal, American Defense Service Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, World War II Victory Medal, Army of Occupation Medal, National Defense Service Medal, and Combat Medical Badge.

11.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).  Item 29 (Foreign Service) shows he served in the Pacific theater of operations (PTO) from 18 January 1942 through 23 December 1944 and also from 18 January 1947 through 12 August 1949; U.S. Army Europe (USAREUR) from 19 August 1952 through 25 August 1955; Korea from 3 January 1960 through 18 January 1961; and USAREUR (Germany) from 28 December 1962 through 17 February 1964.

12.  The applicant’s military personnel records are absent orders awarding the applicant the Army Commendation Medal.

13.  A review of the applicant’s available records reveals that he may be entitled to additional awards that are not shown on his discharge document.

14.  The applicant’s available military personnel records contain two DA Forms 1577 (Authorization for Issuance of Awards), dated 5 August 1992, that show he was issued the Bronze Star Medal, Good Conduct Medal with clasp (2 bronze loops), Meritorious Unit Emblem (Commendation), American Defense Service Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, World War II Victory Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Combat Medical Badge, Philippine Liberation Ribbon, and Honorable Service Lapel Button (World War II).  The remarks section of the document shows that the Bronze Star Medal is based on the award of the Combat Medical Badge.  The Remarks section also shows that the applicant is authorized the Republic of Philippines Presidential Unit Citation, which is a foreign unit award and not issued by the Department of the Army, but may be purchased from civilian dealers in military insignia.  The DA Forms 1577 show the awards were authorized under the signature of Clarissa J. M__, Chief, Awards Branch, Veterans Services Directorate, Army Reserve Personnel Center, St. Louis, Missouri.

15.  The applicant’s available military personnel records are absent orders awarding the applicant the Bronze Star Medal.  In addition, there is no evidence that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to correct the applicant’s discharge document adding the Bronze Star Medal.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945, or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

17.  Army Regulation 600-8-22, paragraph 3-16, governs award of the Army Commendation Medal.  This paragraph states, in pertinent part, that awards of the Army Commendation Ribbon and of the Commendation Ribbon with Metal Pendant were redesignated by Department of the Army General Orders 10, dated 31 March 1960, as awards of the Army Commendation Medal, without amendment of orders previously issued.  This paragraph also states, in pertinent part, that the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

18.  Army Regulation 600-8-22, in pertinent part, states that the oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Army Commendation Medal.

19.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that each subsequent award of the National Defense Service Medal is denoted by a bronze service star affixed to the service ribbon.

20.  Army Regulation 600-8-22 provides that the Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  The Military Awards regulation specifies the criteria for award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.

21.  In support of his application, the applicant provides the following documents.

	a.  Headquarters, Americal Division, Commendation for Outstanding Services, that shows, in pertinent part, the applicant was commended for meritorious service in support of combat operations against the enemy at Bougainville, Solomon Islands, on 16 April 1944.  This document also shows that it was signed by Major General R. Blue C____, U.S. Army.

	b.  Headquarters, 1st Station Hospital (Korea), letter, dated 8 October 1948, that shows, in pertinent part, the captain serving as the applicant's company commander offered his personal recommendation of the applicant for any Army or civilian position. 

	c.  Troop Headquarters, USNS General M.L. H_____, Fleet Post Office (USAREUR), letter of appreciation, dated 28 August 1952, that shows, in pertinent part, the major serving as the applicant's senior unit commander expressed his appreciation of the applicant's assistance and cooperation in organizing details while on board the ship.

	d.  Headquarters, 76th Engineer Battalion (Construction), Certificate of Achievement, that shows, in pertinent part, the lieutenant colonel serving as the applicant's battalion commander cited him for superior performance of duty as a Construction Machine Supervisor during the period 15 January 1960 through 16 January 1961.

	e.  Headquarters, Department of Mechanical and Technical Equipment, U.S. Army Engineer School, Fort Belvoir, Virginia, letter of commendation, dated 14 December 1962, that shows, in pertinent part, the colonel serving as Director, Maintenance and Repair Division, commended the applicant for a job well done while serving as Engineer Equipment Repair Instructor, Construction Equipment Maintenance Branch during the period 26 January 1961 to 14 December 1962.

	f.  Headquarters, 8th Infantry Division, Office of the Commanding General, U.S. Forces, memorandum, dated 11 July 1963, that shows, in pertinent part, that Major General Stanley R. L_____ congratulated the applicant on his promotion to master sergeant.

22.  Army Regulation 600-8-22, chapter 10 (Certificates, Memorandums, and Letters) provides the policies and procedures governing eligibility criteria and issuance of various certificates and letters.

	a.  Paragraph 10-7 (Certificate of Achievement), in pertinent part, provides that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.

	b.  Paragraph 10-16 (Letters of Commendation and Appreciation), in pertinent part, provides that acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.

23.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

24.  Paragraph 37 (Item 26 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in pertinent part, enter decorations awarded or authorized during the period covered by the DD Form 214 from item 21 of DA Form 66 or section 9 of DA Form 24 (Service Record), omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Army Commendation Medal because he received a certificate of commendation and various letters of commendation and appreciation during his military service.

2.  The evidence of record shows that the applicant was awarded the Army Commendation Ribbon and that awards of the Army Commendation Ribbon were redesignated by Department of the Army General Orders 10, dated 31 March 1960, as awards of the Army Commendation Medal, without amendment of orders previously issued.  Thus, records confirm that the applicant was awarded the Army Commendation Medal based on an award of the Army Commendation Ribbon that he received during the period of military service from 24 March 1947 to 22 November 1949.

3.  The evidence of record shows the Commanding General, Americal Division, issued a Commendation for Outstanding Services to the applicant commending him for meritorious service in support of combat operations against the enemy at Bougainville, Solomon Islands on 16 April 1944.  The evidence of record also shows that the commendation was signed by Major General R. Blue C____, U.S. Army.  The governing regulation further shows that the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate or order of commendation (as distinguished from a letter of appreciation) signed by an officer in the grade or position of a major general or higher.  Therefore, it would be appropriate to correct the applicant’s records to show a second award of the Army Commendation Medal.

4.  The evidence of record shows that commanders and other Army officials may recognize Soldiers for periods of faithful service, acts, or achievements which do not meet the standards required for decorations.  The evidence of record also shows that, with the exception of the Headquarters, Americal Division Commendation for Outstanding Services, the certificate of achievement and four letters the applicant provides fall within the purview of the Military Awards regulation governing certificates of achievement and letters of commendation and appreciation.  Therefore, the applicant is not authorized any additional awards or decorations based on these five documents.

5.  Records show that the applicant served a qualifying period for award of the National Defense Service Medal during the period 27 June 1950 to 27 July 1954.  Records also show the applicant served a second qualifying period for award of the National Defense Service Medal during the period 1 January 1961 to
29 February 1964.  Therefore, it would be appropriate to correct his records to show award of the National Defense Service Medal with 1 bronze service star.

6.  The evidence of record shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal from 3 January 1960 to 18 January 1961.  Therefore, it would be appropriate to correct his records to show this service medal.

7.  The evidence of record shows that the Chief, Awards Branch, Veterans Services Directorate, Army Reserve Personnel Center, St. Louis, Missouri notified the applicant that she had verified his award of the Combat Medical Badge and she also authorized award of the Bronze Star Medal to the applicant based on his award of the Combat Medical Badge.  In addition, this Army official verified the applicant's other authorized awards, which include the Good Conduct Medal (2nd Award), American Defense Service Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, World War II Victory Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Philippine Liberation Ribbon, Meritorious Unit Commendation, Republic of Philippines Presidential Unit Citation, and Honorable Service Lapel Button (World War II).  Notwithstanding the instructions governing the preparation of item 26 of the DD Form 214 to enter (only) decorations awarded or authorized during the period covered by the DD Form 214, in this instance, it would be appropriate to correct the applicant's final discharge document to show all of his authorized awards.

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.  awarding the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service on 16 April 1944;

	b.  based on award of the Combat Medical Badge, awarding the applicant the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period 18 January 1942 to 23 December 1944; and

	c.  correcting the applicant’s DD Form 214 with an effective date of 29 February 1964 by issuing a DD Form 215 to:

		(1)  delete from item 26 the entry "None"; and

		(2)  add to item 26 the "Bronze Star Medal, Army Commendation Medal (2nd Award), Good Conduct Medal (2nd Award), American Defense Service Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with
2 bronze service stars, World War II Victory Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal (2nd Award), Philippine Liberation Ribbon, Korea Defense Service Medal, Meritorious Unit Commendation, Republic of Philippines Presidential Unit Citation, and Honorable Service Lapel Button (World War II).

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 authorizing awards and decorations based on the certificate of achievement and four letters of commendation and appreciation.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________XXX____________
                 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)                                         AR20080018748



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ABCMR Record of Proceedings (cont)                                         AR20080018748



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