IN THE CASE OF:	  

		BOARD DATE:  18 April 2012

		DOCKET NUMBER:  AR20120005064 


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 the records of his deceased father, a former service member (FSM), to show:

* second award of the Bronze Star Medal
* second award of the Combat Infantryman Badge
* Croix de Guerre
* four awards of the Army Good Conduct Medal
* two service stars to be affixed to the Korean Service Medal
* one service star to be affixed to the American Defense Service Medal
* American Campaign Medal
* marksmanship qualification badges

2.  The applicant states:

* the awards are listed in the FSM's service records but not the awards record
* the awards were on the service ribbon rack during the FSM's entire military career and at retirement
* it took the family a long time to rebuild the FSM's service career from 1939 to 1961
* the FSM served in Korea from November 1952 to April 1953 with the 27th Infantry
* he was under fire and slightly wounded but he was not taken out of combat – he was, however, treated years later at Fort Carson, CO
* there is no official record of his service in Korea; rather, a verbal confirmation
* his service ribbon rack shows two awards of the Combat Infantryman Badge – one for World War II and the second for Korea
* the Croix de Guerre is also shown on the awards rack
* the FSM qualified for more awards of the Army Good Conduct Medal than shown on his records – his conduct and efficiency ratings from 1946 to 1960 were "excellent"
* the FSM participated in two campaigns during the Korean war and should receive two bronze service stars with the Korean Service Medal
* the FSM served in Panama from 1939 to 1943 which should entitle him to a foreign clasp on the suspension ribbon of the American Defense Service Medal
* the FSM served at least 1 year in the American theater which should qualify him for award of the American Campaign Medal
* as an infantryman, the FSM qualified with many weapon systems

3.  The applicant provides:

* certified copy of birth record
* FSM's certificate of death
* FSM's certificate and record of birth
* letters from the National Personnel Records Center
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 31 January 1961 and 23 September 1960
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 31 July 1945
* WD AGO Forms 53 (Enlisted Record and Report of Separation – Honorable Discharge) for the periods ending 30 August 1949 and 31 March 1949
* photograph of FSM
* petition for the second award of the Bronze Star Medal
* WD AGO Form 24A (Service Record)
* letter orders for award of the Bronze Star Medal
* photograph of a service ribbon rack
* photograph of Soldiers in a tent
* letter from an individual to the FSM, dated 11 September 1990
* photograph of Soldiers
* DA Form 24 (Service Record)
* certificate of completion of the Infantry Noncommissioned Officers' Weapons Course
* multiple letters of commendation and/or appreciation
* multiple photographs and/or personal letters/testimony

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 is a retired master sergeant/E-7 who served in the Regular Army (RA) from 19 July 1939 to 31 January 1961- with two short breaks in service - in a variety of stateside and/or overseas assignments.  He retired on 31 July 1961 and he was placed on the Retired List in the rank/grade of master sergeant/E-7.

3.  He enlisted in the RA for 3 years on 19 July 1939 and he held military occupational specialties (MOS) 745 (Rifleman) and 345 (Light Truck Driver).  He served with multiple units at Fort Clayton, Panama, from October 1939 to February 1943, including the 2nd Field Artillery and the 455th Artillery.

4.  He was then reassigned to Battery D, 455th Antiaircraft Artillery (Automatic Weapons) Battalion, Fort Benning, GA, where he was convicted by a court-martial on 5 August 1943 of violating the 61st Article of War in that he was absent without leave from 30 July 1943 to 4 August 1943.  He was sentenced to confinement at hard labor and a forfeiture of pay.

5.  He then served in various countries in the European theater of operations (ETO), including England, France, Belgium, Holland, and Germany.  He was assigned to Company L, 137th Infantry, 35th Infantry Division and also apparently to several other units.  During his service in the ETO, he was wounded on 8 March 1945 (Germany), 29 March 1945 (Germany), and a third time on an unknown date in 1945.  He was also hospitalized from 22 December 1944 to 9 January 1945, 8 to 15 March 1945, and on 29 March 1945.

6.  General Order (GO) Number 6 issued by the 119th Evacuation Hospital on 9 March 1945 awarded him the Purple Heart for wounds received in action in the ETO.

7.  His WD AGO Form 24 for the period 19 July 1939 to 31 July 1945 shows in:

* Medals, Decorations, and Citations –

* Combat Infantryman Badge awarded by GO Number 1 issued by Headquarters, 137th Infantry, on 1 January 1945
* three awards of the Purple Heart
* campaign participation credit for five campaigns

* Remarks –

* Soldier is authorized to wear –

* American Defense Service Ribbon
* Good Conduct Medal awarded by GO Number 23 issued on 24 November 1942
* American Theater Campaign Medal
* Combat Infantryman Badge awarded by GO Number 1 issued by the 137th Infantry

* Fired M-1 rifle on 30 April 1943

8.  He was honorably discharged on 31 July 1945.  His WD AGO Form 53-55 for this period of service shows in:

* item 31 (Military Qualification and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar and Combat Infantryman Badge
* item 32 (Battles and Campaigns) – Ardennes, Central Europe, Normandy, Northern France, and Rhineland
* item 33 (Decorations and Citations) – American Defense Service Medal, European-African-Middle Eastern Service Medal, and Purple Heart with two oak leaf clusters
* item 36 (Total Length of Service) –

* 8 months and 22 days of continental service
* 5 years, 3 months, and 21 days of foreign service

9.  He again enlisted in the RA for 3 years, on 1 April 1946.  He served at Fort Worth Army Air Field, TX; Fort Lewis, WA; Fort Ord, CA; and in Alaska.

10.  Letter orders from The Adjutant General's Office, dated 22 September 1947, awarded the FSM the Bronze Star Medal for exemplary conduct in ground combat operations against an armed enemy on or about 1 January 1945 while assigned to the 37th Infantry Regiment in the ETO under the provisions of Executive Order 9419.

11.  His WD AGO Form 24A for the period 1 April 1946 to 31 March 1949 shows the following awards in Section 21 (Medals, Decorations, and Citations):

* American Theater Ribbon
* European-African-Middle Eastern Campaign Ribbon with five bronze service stars
* World War II Victory Medal
* Army of Occupation Medal
* American Defense Service Ribbon with one battle star
* Purple Heart with two oak leaf clusters
* Bronze Star Medal (under the provisions of Executive Order 9419)
* Good Conduct Medal
* Combat Infantryman Badge

12.  He was honorably discharged on 31 March 1949.  His WD AGO Form 53 for this period of service did not list any awards.

13.  He immediately reenlisted in the RA for 3 years on 1 April 1949 and he was honorably discharged on 30 August 1949.  His WD AGO Form 53 for this period of service shows award of the Bronze Star Medal, World War II Victory Medal, and Army of Occupation Medal (Germany).

14.  He immediately reenlisted in the RA for 3 years on 31 August 1949.   He was assigned to various infantry and artillery units at Fort Ord, CA.

15.  On 11 November 1949, the FSM requested authorization to wear the French Croix de Guerre with Palm that was awarded by the President of the Provisional Government of the French Republic to the 104th Infantry Regiment, 26th Infantry Division, for the period 8 November 1944 to 8 December 1944 under Decision Number 1286, dated 3 November 1945; also the French Fourragere in the color of the French Croix de Guerre for the period 1939 to 1945 awarded under Decision Number 269, dated 22 July 1946.

16.  He served in Korea from on or about 12 October 1952 to on or about 21 April 1953.  He was assigned to Company C, 27th Infantry Regiment; however, his exact dates of assignment to this unit are not available for review with this case.  Nevertheless, his contemporaneous DA Form 24 shows he participated in two campaigns during his Korea service.

17.  Upon reassignment from Korea, he was assigned to Fort Ord, CA.  He then served in Germany with the 12th Infantry Regiment and the 41st and 58th Armored Infantry Battalions, from January 1955 to August 1957.

18.  On 9 August 1955 while assigned to the 12th Infantry Regiment in Germany, he was convicted by a summary court-martial of dereliction in the performance of his duties on or about 20 June 1955.  He was sentenced to a forfeiture of pay.

19.  While serving in Germany, he was discharged on 25 September 1955 for the purpose of immediate reenlistment.  There is no DD Form 214 for this period of service.

20.  He reenlisted in the RA for 5 years on 26 September 1955 and he continued to serve with the 12th Infantry Regiment, 41st and 58th Armored Infantry Battalions.

21.  His contemporaneous DA Form 24 shows in:

* Section 4 (Chronological Record of Military Service) – "excellent" conduct and efficiency ratings from 31 August 1949 to 23 September 1960
* Section 9 (Medals, Decorations, and Citations) –

* Army of Occupation Medal (Germany)
* Bronze Star Medal (efficiency – valor) (Executive Order 9419)
* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (by authority of Special Orders (SO) Number 39, Headquarters, 58th Armored Infantry Battalion, dated 26 October 1956)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (SO Number 113, Headquarters, 58th Armored Infantry Battalion, dated 27 June 1956)
* Army Good Conduct Medal with loop (by authority of GO Number 28, Headquarters Supply Group, 2nd U.S. Missile Command, Fort Carson, CO, dated 13 November 1959)

22.  GO Number 28 issued by Headquarters, Supply Group, 2nd U.S. Army Missile Command, Fort Carson, CO, dated 13 November 1959, awarded him the Army Good Conduct Medal (2nd Award) for service during the period 15 October 1956 through 13 November 1959.

23.  Headquarters, 2nd U.S. Army Missile Command, issued a memorandum dated 9 December 1959, subject:  Cold Weather Injuries, notifying the FSM's immediate commander that the FSM had reported for a cold weather injury evaluation.  He sustained frostbite to both feet in Korea in 1952.  He was hospitalized for 11 days at the 121st Evacuation Hospital and this was later confirmed at Brooke Army Hospital.

24.  He was honorably discharged on 23 September 1960 at the expiration of his term of service.  His DD Form 214 for this period of service shows the Good Conduct Medal with 1st loop (2nd Award).

25.  He enlisted in the RA for 3 years on 20 October 1960.  He served at Fort Hood, TX, and Fort Carson, CO, and he retired on 31 January 1961.  His DD Form 214 for this period of service does not show any awards.

26.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).

	c.  The Combat Infantryman Badge is authorized for award for the various qualifying wars, conflicts, and operations, among them World War II from 7 December 1941 to 3 September 1945, and the Korean War from 27 June 1950 to 27 July 1953.  Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

	d.  After World War II, the regulation stipulated three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

	e.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit.

	f.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who served in World War I and World War II.  Essentially, this guidance states there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.

	g.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	h.  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.

	i.  Service stars are worn on campaign and service medals to denote participation in a named campaign.  A silver service star denotes five bronze service stars.

	j.  The American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	k.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.  A clasp with the inscription "Foreign Service" is worn on the American Defense Service Medal to denote service outside the continental limits of the United States, including service in Alaska, as a member of a crew of a vessel sailing ocean waters, flights over ocean waters, or as an assigned member of a organization stationed outside the continental limits of the United States.  Possession of a clasp is denoted by wearing a bronze service star on the service ribbon.

	l.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, etc.).

	m.  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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	n.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.  A bronze service star denotes a second or a subsequent award.

27.  The Army Good Conduct Medal was governed by various regulations over the years:

	a.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time of his retirement, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent."  

	c.  Army Regulation 600-65 (Service Medals), in effect during the Korean war, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, will not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

28.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet shows the 3rd Battalion, 137th Infantry, was awarded the Distinguished Unit Citation for service from 18 to 21 November 1944 based on War Department GO Number 11, dated 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the records of his deceased father, an FSM, should be corrected to show:

* second award of the Bronze Star Medal
* second award of the Combat Infantryman Badge
* Croix de Guerre
* four awards of the Army Good Conduct Medal
* two service stars to be affixed to the Korea Service Medal
* one service star to be affixed to the American Defense Service Medal
* American Campaign Medal
* marksmanship qualification badges

2.  The applicant did not specifically state which of the FSM's records should be corrected.  He refers to the WD AGO Form 24, the DA Form 24, and the awards rack.  However, since his contention pertains to awards and decorations and since under today's standards, a member who retires from the Regular Army would have his/her retirement DD Form 214 list all awards and decorations authorized during his or her service, it is appropriate to correct the FSM's final DD Form 214 for the period ending 31 January 1961.

3.  With respect to the Bronze Star Medal:

	a.  Letter orders from The Adjutant General's Office awarded the FSM the Bronze Star Medal for exemplary conduct in ground combat operations against and armed enemy on or about 1 January 1945 in the ETO while assigned to the 37th Infantry Regiment.  This award is listed on multiple forms as an award for valor.  The duration of the achievement (1 day) further suggests it was for heroism.

	b.  The FSM was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal for his service in World War II.

	c.  His final DD Form 214 should be corrected to show two awards of the Bronze Star Medal, one with a "V" Device.

4.  With respect to the Combat Infantryman Badge:

	a.  SO awarded the FSM the Combat Infantryman Badge during World War II. 
Therefore, this badge should be shown on his final DD Form 214.

	b.  Although the FSM held an infantry MOS and served in Korea with Company C, 27th Infantry Regiment, from on or about 12 October 1952 to on or about 21 April 1953, his records do not contain official orders awarding him a second Combat Infantryman Badge and there is insufficient evidence to show he satisfactorily performed his infantry duty in ground combat against the enemy.  In the absence of official orders, there is insufficient evidence to award him a second Combat Infantryman Badge.

5.  With respect to the Croix de Guerre, the available evidence shows the FSM requested authorization to wear the French Croix de Guerre with Palm that was awarded from 8 November 1944 to 8 December 1944 by the President of the Provisional Government of the French Republic to the 104th Infantry Regiment, 26th Infantry Division, under Decision Number 1286, dated 3 November 1945.  Any reasonable doubt about his assignment to this unit during that time period should be resolved favorably, and it is also therefore presumed that his request was received and approved.  As such, his final DD Form 214 should be corrected to show the French Fourragere.

6.  With respect to the Korean Service Medal, the evidence of record shows the FSM was awarded the Korean Service Medal and the United Nations Service Medal.  Additionally, he participated in two campaigns while serving in Korea.  Therefore, he is entitled to two bronze service stars to be affixed to the Korean Service Medal and correction of his final DD Form 214 to show these awards.

7.  With respect to the American Defense Service Medal, the FSM's records, including his WD AGO Form 24 and his DA Form 24, list this award as an authorized award on multiple occasions.  Further, at the time he was authorized this medal, he was performing a period of foreign service in Panama.  Therefore, he is entitled to correction of his final DD Form 214 to show the American Defense Service Medal with one bronze service star.

8.  With respect to the American Campaign Medal, this medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  The FSM served a qualifying period of service in that he was on a permanent assignment outside the continental United States but within the American theater of operations (Panama).  Therefore, he is entitled to correction of his final DD Form 214 to show this award.

9.  With respect to the weapon systems, his records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his final DD Form 214 to show these badges.

10.  The FSM was awarded European-African-Middle Eastern Campaign Medal.  He also participated in five campaigns during his World War II service.  Therefore, he is entitled to one silver service star to be affixed to the European-African-Middle Eastern Campaign Medal and correction of his final DD Form 214 to show this award.

11.  The FSM was awarded the Purple Heart (3rd Award), World War II Victory Medal, Army of Occupation Medal with Clasp (Germany), and Combat Infantryman Badge, none of which are shown on his final DD Form 214.  Therefore, he is entitled to correction of his final DD Form 214 to show these awards.

12.  He served a qualifying period of service for entitlement to the Republic of Korea War Service Medal which is not shown on his DD Form 214.  Therefore, his final DD Form 214 should be corrected to show this award.

13.  The FSM served a qualifying period of service for two awards of the National Defense Service Medal.  Therefore, he is entitled to correction of his final DD Form 214 to show both awards.

14.  With respect to the Army Good Conduct Medal:

	a.  The FSM served on active duty from 19 July 1939 to 31 July 1945, a period of 6 years and 12 days.  GO Number 23, issued on 24 November 1942 awarded him the Army Good Conduct Medal (1st Award).  He would have qualified for a second award of the Army Good Conduct Medal for his 3-year period of service from 19 July 1942 to 18 July 1945; however, he was convicted by a court-martial on 5 August 1943 of being absent without leave from 30 July 1943 to 4 August 1943 and sentenced to confinement at hard labor.  This would essentially have terminated his second 3-year period on 5 August 1943 and restarted his second 3-year period on or about 6 September 1943.  He did not qualify for a second award of the Army Good Conduct Medal between 6 September 1943 and the date of his separation on 31 July 1945.

	b.  He reentered military service on 1 April 1946 and he was honorably discharged on 23 September 1960 at the expiration of his term of service, a period of 14 years, 5 months, and 23 days of consecutive active service.  He received "excellent" conduct and efficiency ratings during this period.  However, he was convicted by a court-martial on 9 August 1955.  He essentially would have qualified for the Army Good Conduct Medal as follows:

* 1 April 1946 through 31 March 1949 (2nd Award)
* 1 April 1949 through 31 March 1952 (3rd Award)
* 1 April 1952 through 31 March 1955 (4th Award)
* 10 August 1955 through 9 August 1958 (5th Award)

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* revoking GO Number 28 issued by Headquarters, Supply Group, 2nd U.S. Army Missile Command, Fort Carson, CO, dated 13 November 1959, awarding the FSM the Army Good Conduct Medal (2nd Award) for service during the period 15 October 1956 through 13 November 1959
* awarding the FSM the Bronze Star Medal for meritorious service during World War II from 19 September 1943 to 19 July 1945
* awarding the FSM the Army Good Conduct Medal (2nd Award) for the period 1 April 1946 through 31 March 1949
* awarding the FSM the Army Good Conduct Medal (3rd Award) for the period 1 April 1949 through 31 March 1952
* awarding the FSM the Army Good Conduct Medal (4th Award) for the period 1 April 1952 through 31 March 1955
* awarding the FSM the Army Good Conduct Medal (5th Award) for the period 10 August 1955 through 9 August 1958
* adding the following awards to his final DD Form 214 for the period ending 31 January 1961:

* Bronze Star Medal (2nd Award) and "V" Device
* Purple Heart (3rd Award)
* Army Good Conduct Medal (5th Award)
* American Defense Service Medal with one bronze service star
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with one silver service star
* World War II Victory Medal
* Army of Occupation Medal with Clasp (Germany)
* National Defense Service Medal (2nd Award)
* Korean Service Medal with two bronze service stars
* French Fourragere
* United Nations Service Medal
* Republic of Korea War Service Medal
* Combat Infantryman Badge (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined 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 a second award of the Combat Infantryman 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)                                         AR20120005064



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ABCMR Record of Proceedings (cont)                                         AR20120005064



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