IN THE CASE OF:	  ROGERS, ROSCOE D. (DECEASED)

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130004064 


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, the grandson of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 31 October 1963, to show the:

* Republic of Korea War Service Medal
* Silver Star
* Distinguished Flying Cross
* two awards of the Purple Heart
* Prisoner of War (POW) Medal
* Philippine Defense World War II Medal (properly known as the Philippine Defense Ribbon)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states:

	a.  The FSM is believed to have been awarded the Distinguished Flying Cross for heroic actions taken on his part as a crew member on B-24's and B-17's while conducting missions throughout the South Pacific, as well as off mainland Japan between 1942 and 1943 as a member of the Army Air Corps, 19th Bomb Group.

	b.  The FSM is believed to have been awarded the Silver Star for heroic actions taken on his part as a member of a B-24 crew while conducting a mission -off the coast of Japan between 1942 and 1943 as a member of the Army Air Corps 19th Bomb Group.  The FSM was held as a POW by the Japanese after being shot down off the coast of Japan sometime between 1942 and 1943.  For award of the Philippine Defense World War II Medal, he was assigned to the
19th Bomb Group, assigned to Suva Army Field in Fiji, and the Philippines in early 1942.  He served in combat as a member of the 19th Bomb Group with combat campaigns in Papua, New Guinea; Solomon Island, Philippines; and Bismarck-Archipelago from 1942 to 1943.

	c.  The FSM may have also been awarded a Purple Heart for injuries received during operations against the Japanese in the South Pacific between 1942 and 1943 as a member of the Army Air Corps.

	d.  The FSM served in Korea as a Forward Observer with the 555th Field Artillery from Summer 1952 to Winter 1953.  He was awarded at least two awards of the Purple Heart for wounded received during combat actions in Korea between 1952 and 1953.

	e.  For award of the Vietnam Service Medal and Vietnam Campaign Medal the FSM served as a member of the Military Assistance Advisory Group in Saigon, Vietnam, from 5 June 1961 through 25 May 1963.

	f.  The FSM's records have recently been found and reveal numerous errors in the awards/decorations column of his DA Form 66 (Officer Qualification Record).

3.  The applicant provides:

* his Certificate of Live Birth
* his mother's (FSM's daughter) Certificate of Death
* the FSM's

* FSM's Certificate of Death
* WD AGO Form 24A (Service Record)
* DA Form 66
* two WD AGO Forms 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 15 October 1945 and 30 September 1949
* 
DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 23 November 1951
* DD Form 214 for the period ending 31 October 1963

* an undated letter from the Veterans Administration, now known as the Department of Veterans Affairs (VA)
* newspaper article pertaining to the FSM being a POW

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.  With respect to the Silver Star, Distinguished Flying Cross, Purple Heart, POW Medal, and Philippine Defense Ribbon - as they relate to the FSM's World War II service with the Army Air Corps, and based on a Memorandum of Agreement between the Army and the Air Force, dated 11 October 1957, it was determined that certain branches of arm (i.e., Aviation Section, Signal Corps, U.S. Army Air Corps, or Army Air Forces) would come under the jurisdiction of the Board of Correction of Air Force Records.  Since the available evidence indicates the FSM served in the Army Air Corps during the period for the aforementioned awards and held as a POW, the applicant should address further questions pertaining to these awards to the following address.

Executive Secretary
Air Force Board for Correction of Military Records
ATTN:  SAF/MBR
550 C Street West, Suite 40
Randolph Air Force Base, TX  78150-4722

Therefore, these portions of the applicant's request will not be discussed further in these Proceedings.

3.  The FSM enlisted in the Regular Army (RA) on 11 January 1941.  He held military occupational specialty (MOS) 748 (engine gunner).  He served overseas in the Canal Zone from 15 October 1941 through 22 February 1943.

4.  He was honorably discharged on 24 October 1945.  He was credited with 3 years, 4 months, and 10 days of continental service and 1 year, 4 months, and 28 days of foreign service.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* American Defense Medal with one bronze service star
* American Theater Medal
* Honorable Lapel Button

5.  The FSM enlisted in the Enlisted Reserve Corps (ERC) on 23 June 1948 and entered active service on 25 June 1948.  He held MOS 2745 (rifleman).  He was honorably discharged from the ERC on 30 September 1949 for the purpose of enlisting in the RA.  His WD AGO Form 53-55 for this period of service does not list any awards.

6.  He enlisted in the RA on 1 October 1949.  He held MOS 1821 (armorer).  He was honorably discharged on 23 November 1951 to accept a call to active duty as a Reserve officer.  He was credited with 2 years, 1 month, and 23 days of net active service this period.  His DD Form 214 for this period of service does not list any awards.

7.  On 16 October 1951, he was appointed in the U.S. Army Reserve (USAR) as a second lieutenant (2LT).  He entered active duty on 24 November 1951.  He served in area of concentration 4880 (engine equipment maintenance and repair officer).  He served in:

* Japan from 6 to 13 July 1952
* Korea from 14 July 1952 through 16 February 1953
* Japan from 17 February 1953 through 22 May 1954
* Southern European Task Force from 12 April 1956 through 31 March 1959
* Vietnam from 2 June 1961 through 26 May 1963 while assigned to the
U.S. Army Element, Military Assistance Advisory Group

8.  The FSM was honorably retired by reason of sufficient service for retirement in the rank of major (MAJ) on 31 October 1963.  He was credited with 20 years,
1 month, and 16 days of total active service with no time lost.  He was also credited with completing 6 years, 9 months, and 29 days of foreign service.  His DD Form 214 shows in:
* 
item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Certificate of Appreciation
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Philippine Independence Ribbon
* Philippine Republic Presidential Unit Citation
* American Defense Service Medal
* Air Medal with one Oak Leaf Cluster (OLC)
* Korean Service Medal
* United National Service Medal
* Four overseas service bars
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
* Armed Forces Expeditionary Medal
* Army Commendation Medal with two OLC

* item 27 (Wounds Received as a Result of Action with Enemy Forces) the entry, "None"

9.  There are no orders in the FSM's military personnel records awarding him any Purple Hearts.

10.  Item 21 (Decorations and Awards) of the FSM's DA Form 66 shows the same awards as shown on his DD Form 214 for the period ending 31 October 1963.

11.  The FSM's name is not listed in the Korean Casualty File showing he was wounded in action during that period of service.

12.  In an undated letter the VA advised whomever it may concern that the FSM's VA records showed he was rated 100 percent disabled due to service-connected causes.  The effective date of his VA rating was 10 July 1979.

13.  On 7 November 2013, having been advised of the entitlement to the Vietnam Service Medal in lieu of an already-awarded Armed Forces Expeditionary Medal for service in Vietnam, the applicant requested deletion of the Armed forces 

Expeditionary Medal and correction of the FSM's DD Form 214 for the period ending 31 October 1963 to show the Vietnam Service Medal.

14.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  It states that a bronze service star is authorized with this award for each Korean campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in Korea, he participated in the following two campaigns:

* Korea, Summer-Fall 1952 (1 May - 30 November 1952)
* Third Korean Winter (1 December 1952 - 30 April 1953)

	b.  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 1954.  The service prescribed must have been performed as follows:  (a) while on permanent assignment, (b) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (c) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

	c.  The Purple Heart is awarded for a wound sustained 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.

	d.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in Vietnam, he participated in Vietnam Advisory Campaign (15 March 1962 - 7 March 1965).

	e.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service. 

	f.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The FSM completed a qualifying period of service for entitlement to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending 31 October 1963 should be corrected to show this award.

2.  The FSM participated in two campaigns during his service in Korea that entitles him to two bronze service stars to be affixed to his already-awarded Korean Service Medal.  Therefore, his DD Form 214 for the period ending
31 October 1963 should be corrected to show these bronze service stars.

3.  The applicant requested deletion of the Armed Forces Expeditionary Medal and correction of the FSM's DD Form 214 to show the Vietnam Service Medal.  Records show the FSM participated in one campaign during his service in Vietnam that entitles him to one bronze service star to be affixed to the Vietnam Service Medal.  Therefore, the FSM's DD Form 214 for the period ending
31 October 1963 should be corrected to show the Vietnam Service Medal with one bronze service star.

4.  The FSM served a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 31 October 1963 should be corrected to show this award.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the FSM's service in Vietnam.  Therefore, his DD Form 214 for the period ending 31 October 1963 should be corrected to show this unit award

6.  With respect to the Purple Heart:

	a.  The applicant's claim of the FSM's entitlement to one or two awards of the Purple Heart during his service in Korea was carefully considered.  In order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of or was caused by enemy action, that the wound was treated by medical personnel, and that a record of this treatment must have been made a matter of official record.

	b.  There is no evidence of record and the applicant did not provide sufficient evidence showing the FSM was wounded as a result of hostile action between 1952 and 1953, received medical treatment, and that the treatment was made a matter of record.  The evidence of record contains no orders or other documents confirming the FSM was wounded as a result of direct or indirect combat operations while serving in Korea or elsewhere.

	c.  The undated VA letter provided by the applicant only stated the FSM was 100 percent disabled due to service-connected causes.  Contrary to the applicant's statement, the letter does not confirm the FSM was injured during this period of service and was awarded one or two awards of the Purple Heart.  Therefore, absent corroborating evidence confirming his contention (chain-of-command supporting letters, etc.), the regulatory burden of proof necessary to support award of one or two awards the Purple Heart has not been satisfied in this case.

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 the FSM's DD Form 214 for the period 31 October 1963 the Korean Service Medal and Armed Forces Expeditionary Medal and

	b.  adding to the FSM's DD Form 214 for the period ending 31 October 1963 the:

* Republic of Korea War Service Medal
* Korean Service Medal with two bronze service star
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 showing the FSM's was awarded one or two awards of the Purple Heart and the addition of these awards to his DD Form 214 for the period ending 31 October 1963.



      _______ _   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)                                         AR20130004064



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ABCMR Record of Proceedings (cont)                                         AR20130004064



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