IN THE CASE OF:	

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012804 


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 son of a deceased former service member (FSM), requests, in effect, correction of the FSM's military records to show he was awarded the:

	a.  Army Good Conduct Medal for service in World War II; and

	b.  Silver Star and Bronze Star Medal with "V" Device for service in the Republic of Korea (ROK).

2.  The applicant states he believes the FSM was awarded the Silver Star and
Bronze Star Medal with "V" Device for his participation in the battle at the Chosin Reservoir in the ROK.  He further states that he has no proof because some military papers have been lost over time.  He states that the FSM wore these two medals on his uniform but never spoke about how he got them.  Also, the applicant refers to the FSM's separation document dated 22 December 1946, pointing out the commander's favorable consideration for the Army Good Conduct Medal.

3.  The applicant provides copies of:

* FSM's Certificate of Death, issued 11 March 2011
* DD Form 214 (Report of Separation from the Armed Forces of the United States
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge)
* Applicant's Certificate of Birth, issued 7 February 1991
* Letter, National Personnel Records Center, dated 7 June 2012

CONSIDERATION OF EVIDENCE:

1.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 31 August 1945.  On 22 December 1946, he was honorably discharged for the purpose of immediate reenlistment.  A notation in the remarks block states he was favorably considered for the Army Good Conduct Medal at the date of his discharge.  He completed 1 year, 3 months, and 22 days of creditable active duty during this period.  His awards are listed as:

* World War II Victory Medal
* Army of Occupation Medal

2.  The FSM's WD AGO Form 53 shows he reenlisted in the Regular Army on 
23 December 1946.  On 8 December 1947, he was honorably discharged for the convenience of the government.  He completed 11 months and 15 days of creditable active duty service during this period.  This document shows the following:

* Army of Occupation Medal
* World War II Victory Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

3.  The FSM's DD Form 214 shows he entered active duty on 6 October 1950 as a member of the Enlisted Reserve Corps   He served in the ROK for approximately 9 months.  On 10 December 1951, he was honorably discharged upon expiration of his term of service (ETS).  He had completed 1 year, 
2 months, and 5 days of creditable active duty service and had attained the rank of sergeant.  He was awarded the Korean Service Medal with two bronze service stars.

4.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, 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 fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate.
5.  Army Regulation 600-65 (Service Medals), in effect at the time, 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 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.  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.

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

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A "V" Device denotes the medal was awarded for valor.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

	d.  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.

	e.  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 prescribed must have been performed as follows: (1) while on permanent assignment; (2) 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 (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the records of the FSM should be corrected to show he was awarded the:

	a.  Army Good Conduct Medal for service in World War II; and

	b.  Silver Star and Bronze Star Medal with "V" Device for service in the ROK.

2.  The available evidence shows that the FSM entered active duty on 31 August 1945.  He reenlisted on 23 December 1946.  At that time he had been favorably considered for award of the Army Good Conduct Medal.  On 8 December 1947, he was honorably discharged.  He had served a total of 2 years, 3 months, and 
7 days of active duty.  At the time, 3 years was required for award of the Army Good Conduct Medal.  Therefore, the applicant's request to show award of this medal on his father's WD AGO Form 53 should be denied.

3.  The available evidence shows the FSM entered active duty on 6 October 1950 and was assigned for duty in the ROK.  He served until 10 December 1951, when he was honorably discharged with the rank of sergeant due to ETS.  This period of 1 year, 2 months, and 5 days qualified for award of the Army Good Conduct Medal provided he had all "excellent" conduct and efficiency ratings and had been recommended by his commander.  Based on his World War II service, favorable recommendation at that time by his commander, and his rank of sergeant, it is reasonable to presume that the quality of his service in the ROK was sufficient to merit award of this medal.  Therefore, his DD Form 214 should be corrected to show the the Army Good Conduct Medal.

4.  The available evidence shows that the FSM served a qualifying period for award of the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, these three medals should be shown on his DD Form 214.

5.  The available evidence does not sufficiently show that the FSM was awarded either the Silver Star or the Bronze Star Medal with "V" Device.  Furthermore, the applicant has not provided convincing argument or documentation to support his request.  Therefore, this portion of his request should be denied.

6.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation.  All Americans should be justifiably proud of their service in arms.
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 FSM the Army Good Conduct Medal (1st award) for the period 6 October 1950 to 10 December 1951; and

	b.  showing on his DD Form 214, in addition to the awards already-shown, that he was awarded:

* Army Good Conduct Medal
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

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 award of the Silver Star and/or Bronze Star Medal with "V" Device for the FSM's service in the ROK, or the Army Good Conduct Medal for service during World War II.



      _______ _ 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)                                         AR20130012804





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ABCMR Record of Proceedings (cont)                                         AR20130012804



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