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ARMY | BCMR | CY2013 | 20130012415
Original file (20130012415.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130012415 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased father, a former service member (FSM), to show the Silver Star.

2.  The applicant states a pen and ink change was made to the FSM's DD Form 214 to show the Silver Star.  However, it appears that the appropriate correction was not made to his military records.

3.  The applicant provides:

* DD Form 214
* Certificate of Death
* Birth Certificate
* Letters of Administration
* Headquarters, 24th Infantry Division General Orders Number 186  

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he served in an enlisted status prior to his appointment as a commissioned officer on 11 May 1945.

2.  Headquarters, 24th Infantry Division General Orders Number 186, issued on 15 October 1950, awarded him the Silver Star for gallantry in action against the enemy near Taepyong-ni, Korea on 16 July 1950.

3.  The FSM's DA Form 66 (Officer Qualification Record) shows in:

* item 17 (Foreign Service), he was credited with service in Korea during the period 30 March 1965 through 25 April 1966
* item 21 (Awards and Decorations), he was awarded or authorized the Army Good Conduct Medal and Silver Star that are not listed on his DD Form 214
* item 22 (Campaigns), he participated in the following campaigns-

* Normandy
* Northern France
* Central Europe
* Rhineland
* Ardennes-Alsace
* UN Defensive
* UN Offensive
* CCF Intervention
* 1st UN Counteroffensive
* CCF Spring Offensive

4.  The FSM's DD Form 214 for the period ending 31 January 1969 shows he was retired for length of service in the rank of lieutenant colonel.  His DD Form 214 shows he was awarded or authorized:

* European-African-Middle Eastern (EAME) Campaign Medal
* American Defense Service Medal
* World War II Victory Medal
* American Campaign Medal
* Purple Heart 
* Bronze Star Medal
* Korean Service Medal (KSM)
* Distinguished Unit Citation
* Korean Presidential Unit Citation
* United Nations Service Medal 
* National Defense Service Medal with (1st Oak Leaf Cluster)
* Armed Forces Reserve Medal with "X" Device
* Army Commendation Medal

5.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.


6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	b.  the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  a bronze service star is worn on the appropriate service ribbon, to include the EAME Campaign Medal and KSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  General Orders 186 awarded the FSM the Silver Star.  Therefore, he was entitled to have the Silver Star added to his DD Form 214. 

2.  The FSM's DA Form 66 shows the Army Good Conduct Medal which is not listed on his DD Form 214.  Therefore, he was entitled to have this medal added to his DD Form 214.

3.  His DA Form 66 shows he was credited with participation in five campaigns during his service in the EAME Theater.  Therefore, he was entitled to correction of his DD Form 214 to show one silver service star for wear with his previously-awarded EAME Campaign Medal.

4.  His DA Form 66 shows he was credited with participation in five campaigns during his service in Korea.  Therefore, he was entitled to correction of his DD Form 214 to show one silver service star for wear with his previously-awarded KSM.

5.  The FSM's service met the criteria for award of the ROKWSM.  Therefore, he was entitled to have this medal added to his DD Form 214.

6.  The FSM's service met the criteria for award of the KDSM.  Therefore, he was entitled to have this medal added to his DD Form 214.

7.  In view of the foregoing, the applicant is entitled to have the FSM's records corrected as shown below. 

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from the FSM's DD Form 214 for the period ending 31 January 1969 the EAME Campaign Medal and KSM, and

	b.  adding to his DD Form 214 for the period ending 31 January 1969 the:

* Silver Star
* Army Good Conduct Medal
* EAME Campaign Medal with one silver service star
* ROKWSM
* KSM with one silver service star
* KDSM




      _______ _  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)                                         AR20130012415



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ABCMR Record of Proceedings (cont)                                         AR20130012415



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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