BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20120022881 


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 to show all medals and commendations; in effect, the:

* Purple Heart (2nd Award)
* Bronze Star Medal (3rd Award) and "V" Device
* Army Commendation Medal (1st oak leaf cluster) and "V" Device
* Army Good Conduct Medal (7th Award)
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal with bronze service star
* Expert Marksmanship Qualification Badge with Machinegun Bar 

2.  The applicant states his medals, badges, and awards should have been carried forward and included on his retirement DD Form 214.

3.  An individual claimed to be his daughter states:

	a.  Her father, the applicant, never saw a United Service Organization show because he was always on the front lines.  For 3 1/2 years, he rarely had a hot meal or a shower.  He rarely had dry, clean clothes or socks.  But the physical 
conditions never stopped him from plugging forward each day and night.  Most of her father's Army medals came from heroic action during World War II. 

	b.  He was only 17 went he went over there but he served as an experienced Soldier far beyond his years.  He was awarded the Bronze Star Medal for valor three times, once for sneaking up a hill to get behind German bunkers in North Africa and launching grenades in each one of them.  He single-handedly disabled all the guns that were firing down on his unit.  His next Bronze Star Medal for valor was given to him in the days after Normandy when his unit was trying to advance.  They were under fire in a church graveyard with sniper fire coming down from the bell tower.  He didn't wait; he just grabbed his rifle, crossed the yard, and climbed all the steps to the top.  He saw the sniper and the sniper turned and saw him.  They both fired but missed.  Then a Soldier from Tennessee came behind her father and got the sniper in range and shot him dead.  Her father always says those Tennessee boys could shoot!  His third Bronze Star Medal for valor was for capturing a German officer who was dressed as an American and spoke English with ease.  The checkpoint men were asking him some questions which he answered readily but her father noticed that his English was too perfect to be an American GI so they did a deeper search of the German and discovered he was in disguise to carry out a mission against the Americans further down the road.

	c.  He also received the Army Commendation Medal with "V" Device for his actions during the riots in Panama in 1963.  He single-handedly stood in front of a charging riot of armed and dangerous Panamanians who were attempting to breach the wall around the Fort.  He stood there and fired shots in the air that held the crowd back until his men could assemble and back him up.  He still got hit by a Panamanian who wielded a huge log in his hands and attempted to hit her father in the head.  He saw the blow coming and put up his arms to deflect the blow to his head.  For weeks, his entire left arm was nothing more than deep, dark shades of purple from the impact.

	d.  He received the Army Good Conduct Medal ten times.  He also received the American Defense Medal and in the European Theater of Operation he received 7 gold stars for North Africa, Sicily, Normandy, Central Europe, Rhineland, Battle of the Bulge, and the Ardennes.  Among his many medals are the World War II Victory Medal, the Occupation of Germany Medal, the National Defense Service Medal two times, the Korean War Medal for clearing mines while in Korea, the United Nations Service Medal, the French Medal with a star, the Presidential Unit Citation for the 1st Division (the Big Red One), and a Unit Citation for the 3rd Infantry.  There is also the Vietnamese Unit Citation and the 
French Legion of Honor, the England Award for the Invasion of Germany, and the French Award for the Invasion of Germany.  During his 4 years of fighting for his country, he also received 2 Purple Hearts for being wounded in action.  These are not to be overlooked.  He still suffers from the injuries he sustained during those battles.  He never sought help from the Veterans' Administration; never applied for disability; and never sought medical attention for the long lasting effects of the injury.

4.  The applicant provides:

* Photographs of various medals
* Certificate and citation for award of the Army Commendation Medal
(1st oak leaf cluster)
* Special Orders (SO) Number 241, issued by Headquarters, The School Brigade, The Infantry School, Fort Benning, GA, dated 29 November 1956
* Radiographic report
* SO Number 156, issued by Headquarters, Fort McNair, Washington, D.C., dated 13 July 1951
* SO Number 26, issued by Headquarters, Separation Point, Fort McNair, dated 6 July 1951
* General Orders (GO) Number 62, dated 26 September 1966

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 is a retired master sergeant (MSG)/E-8 who served in the Regular Army (RA) from 28 October 1942 to 30 June 1968 (with a short break between 18 November 1945 and 29 June 1946), in a variety of stateside or overseas assignments.  He completed 25 years and 23 days of active service. He was issued multiple separation documents.

3.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) covers the period 28 October 1942 to 18 November 1945.  This form shows at the time of his separation he held military occupational specialty (MOS) 677 (Military Policeman) and was assigned to Company A, 509th Military Police Battalion.  It also shows in: 

* item 31 (Military Qualifications and Date) - None
* item 32 (Battles and Campaigns) - Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns
* item 33 (Decorations and Citations) - the European-African-Middle Eastern Theater Service Medal, Good Conduct Medal, and World War II Victory Medal
* item 34 (Wounds Received in Action) - None
* item 38 (Service Outside Continental United States) - European Theater of Operations, 27 July 1943 to 6 November 1945

4.  A subsequent DA Form 20 (Enlisted Qualification Record), created after a much later reenlistment, listed in item 40 (Wounds) the entry "Concussion from Artillery Shell to the left knee - France - August 1944." 

5.  His WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Service) covers the period 29 June 1946 to 28 June 1949.  This form shows at the time of his separation he held MOS 037 (Meat Cutter) and he was assigned to Company F, 2nd Battalion, 3rd Infantry, Fort McNair.  It also shows in items 31, 32, 33, and 34 the entry "None."

6.  His contemporaneous DA Form 20 (Soldier's Qualification Record) shows in item 32 (Qualification in Arms) - Rifle (M-1), Marksman, 18 August 1947.

7.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) covers the period 29 June 1949 to 12 July 1951.  This form shows at the time of his separation he held MOS 1824 (Cook) and his most significant assignment was with Company G, 3rtd Infantry, Fort McNair.  It also shows in:

* item 26 (Foreign and/or Sea Service) - None
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - None

8.  His contemporaneous DA Form 20 shows in item 32 - Sharpshooter, Carbine (M-2), 29 September 1950. 

9.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covers the period 4 October 1957 to 3 October 1963.  This form shows in:

* item 25a (Specialty Number and Title) - 111.68 Light Weapons Infantryman
* item 24c (Foreign and/or Sea Service) - 2 years, 2 months, and 7 days of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - Good Conduct Medal
(6th Award), Expert Marksmanship Qualification Badge with Machinegun Bar, and a certificate of achievement

10.  A DD Form 214 covers the period 4 October 1963 to 3 November 1966.  This form shows in:

* item 25a - 11F Infantry Intelligence Operations Specialist
* item 24c - 1 year, 2 months, and 2 days of foreign service
* item 26 - National Defense Service Medal (1st oak leaf cluster), Army Commendation Medal, Good Conduct Medal (7th Award)
* item 27 (Wounds Received as a Result of Action with Enemy Forces) - None

11.  His contemporaneous DA Form 20 shows in:

* item 29 (Qualifications in Arms) the entries:

* Rifle, M-1, Expert, 19 July 1961
* Carbine, Expert, 23 November 1955
* Pistol (.45 Caliber), Marksman, 3 April 1959
* Machinegun (M-60), Expert, 19 June 1964

* item 31, he served in Panama from 3 August 1962 to 2 August 1965
* item 41 (Awards and Decorations), the Army Good Conduct Medal
(7th Award), American Campaign Medal, National Defense Service Medal (2nd award), and Purple Heart

12.  A DD Form 214 (Final/Retirement) covers the period 4 November 1966 to 30 June 1968.  This form shows in:

* item 23a - 11F Infantry Intelligence Operations Specialist
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal (1st oak leaf cluster) and Army Commendation Medal 

13.  GO Number 26, issued by Headquarters, U.S. Army Forces Southern Command, Fort Amador, Canal Zone, dated 23 March 1964, awarded him the Army Commendation Medal for meritorious achievement from 9 to 15 January 1964.

14.  SO Number 7, issued by Headquarters, 1st Battle Group, Fort Lewis, WA, dated 14 January 1959, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (.30 caliber).

15.  GO Number 62, issued by Headquarters, 1st Battalion, 3rd Infantry, Fort Myer, VA, dated 26 September 1966, awarded him the Army Good Conduct Medal (7th Award).

16.  The applicant provides a certificate and a citation, dated 3 July 1968, showing he was awarded the Army Commendation Medal (1st oak leaf cluster) for meritorious service with the 1st Battalion, 3rd Infantry (The Old Guard), Fort Myer, from September 1965 to June 1968.   However, no accompanying orders were provided.

17.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  However, a citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual 
combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  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, and the medical treatment must have been made a matter of official record.  

	c.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal (formerly known as the European-African-Middle Eastern Theater Service Ribbon).  A silver service star will be worn in lieu of five bronze service stars.

	d.  The "V" device is a bronze block letter V, 1/4-inch high, with serifs at the top of the numbers.  It 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).  The "V" device is authorized for wear on the Bronze Star Medal, Air Medal, and Army Commendation Medal for heroic acts or valorous deeds performed under combat conditions.

	e.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

	g.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 28 October 1942 to 30 June 1968 (with a short break in service).  He served through multiple reenlistments in a variety of stateside or overseas assignments.  He was issued a separation document for each period of service that should have not only captured his active service but also listed the awards and decorations he earned during each period of service.  Most of his separation documents contain errors.

2.  Under current standards, the DD Form 214 lists awards and decorations from all periods of service.  This is especially true upon a Soldier's retirement.  As such, the applicant is entitled to correction of his final/retirement DD Form 214 for the period ending 30 June 1968, as follows:

	a.  He was awarded the National Defense Service Medal (2nd Award), American Campaign Medal, and World War II Victory Medal.  The National Defense Service Medal is already shown on his DD Form 214 but not the other two.  He should have the World War II Victory Medal and American Campaign Medal listed on his last DD Form 214.

	b.  He was awarded the European-African-Middle Eastern Campaign Medal and he also participated in five campaigns during his service in World War II.  Therefore, he is entitled to correction of his last DD Form 214 to show the European-African-Middle Eastern Campaign Medal with one silver service star. 

	c.  He was wounded in combat in France in August 1944, when an artillery shell injured his left knee.  He should be entitled to correction of his last DD Form 214 to show the Purple Heart. 

	d.  He was awarded the Army Good Conduct Medal (7th award).  He should have this award listed on his last DD Form 214. 

	e.  He was awarded or authorized multiple marksmanship badges throughout his service.  Therefore, he should have all of them listed on his last DD Form 214 as follows:

* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(M-2)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(.30 Caliber).

3.  With respect to the Army Commendation Medal (1st oak leaf cluster):

	a.  The applicant provides a certificate and a citation, dated 3 July 1968, showing he was awarded the Army Commendation Medal (1st oak leaf cluster) for meritorious service with 1st Battalion, 3rd Infantry (The Old Guard), Fort Myer, from September 1965 to June 1968.   However, no accompanying orders were provided.

	b.  Although the orders are not available with the certificate and citation, it is reasonable to presume this award is a retirement award that is consistent with his rank, years of service, and level of responsibility.  Therefore, as a matter of equity, his last DD Form 214 should be corrected to show two awards of the Army Commendation Medal.

4.  With respect to a second award of the Purple Heart:

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service in WWII is not in question.  However, notwithstanding the photographs provided by the applicant, there is no evidence in his record that shows he was wounded or injured a second time as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding him a second award of the Purple Heart in this case.

5.  With respect to the Bronze Star Medal, the governing Army regulation states that for personal decorations (including the Bronze Star Medal) formal 
recommendation, approval through the chain of command, and announcement of orders are required.  Again, the applicant’s and his daughter's sincerity are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

6.  With respect to the "V" Device:

	a.  A "V" device may be awarded with the Army Commendation Medal to individuals for heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  It requires a lesser degree of heroism than that required for the Bronze Star Medal; however, the individual must have performed an act of heroism under hazardous conditions in accomplishing his mission so as to set him apart from other individuals participating in the same conflict.

	b.  The applicant's service in World War II and his sincerity are not in question.  However, there is no evidence in his records and he did not provide any evidence that shows his act of heroism or action that would have set him apart from other individuals participating in the same conflict.  Further, the incident in Panama appears to have been actions by rioting civilians, not an armed enemy.  The regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  Regretfully, in the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.

7.  With respect to the Army of Occupation Medal with "Japan"' Clasp, United Nations Service Medal, and any Korea-related awards, regretfully, the applicant's DD Form 214 for the period 13 July 1951 to 3 October 1957 is not available for review with this case.  Although other documents show he served in the Armed Forces - Far East from 24 June 1957 to 10 October 1958, it is unclear what specific country he served in (Korea, Thailand, Japan, or the Philippines).  In addition, 1957 was after the eligibility period for these awards ended.

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.  deleting from item 24 his DD Form 214 for the period ending 30 June 1968 the current entries, and

	b.  adding to item 24 of his DD Form 214 for the period ending 30 June 1968, the:
* Purple Heart 
* Army Commendation Medal (2nd Award) 
* Army Good Conduct Medal (7th award)
* American Campaign Medal
* World War II Victory Medal
* National Defense Service Medal (2nd Award)
* European-African-Middle Eastern Campaign Medal with one silver service star
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(M-2)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(.30 Caliber)

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 adding to his DD Form 214 the:

* Bronze Star Medal (3rd Award) and "V" Device
* Purple Heart (2nd Award)
* Army Commendation Medal (2nd Award) and "V" device
* Army of Occupation Medal with Japan Clasp



      __________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)                                         AR20120022881



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ABCMR Record of Proceedings (cont)                                         AR20120022881



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