PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 September 2003
	DOCKET NUMBER:   AR2003086407

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his report of separation (DD Form 214) dated 31 July 1953, be corrected to show all of his awards, including the Combat Action Ribbon (CAR), the Presidential Unit Citation (PUC), the Army Occupation Medal (Japan), the Army Occupation Medal (Germany), one silver service star and one bronze service star. 

3.  The applicant states, in effect, that his DD Form 214 does not accurately reflect all of his awards and decorations and his participation in campaigns. 

4.  The applicant’s military records show that he was inducted in Houston, Texas, on 29 January 1944 and served until he was honorably discharged in the rank of corporal (CPL) on 25 April 1946.  He was awarded the American Theater Campaign Ribbon, the European-African-Middle Eastern (EAME) Campaign Ribbon with two bronze service stars, the Good Conduct Medal (GCMDL) and the World War II (WWII) Victory Medal.  He had served in France from 4 January to 23 March 1945, in Germany from 23 March to 26 May 1945, and again in France from 26 May 1945 to 2 September 1945.  His records show that he served as a light truck driver.

5.  He enlisted in the Regular Army on 10 November 1947 and on 18 December 1948, he departed for Japan.  He remained in Japan until he was transferred to Korea on 2 August 1950.  He remained in Korea until 25 September 1951, when he was transferred to Fort Hood, Texas, where he was honorably discharged on 18 November 1951.  He was awarded the AOM (Japan), the United Nations Service Medal, the Unit Meritorious Commendation (now known as the Meritorious Unit Commendation (MUC)), the Republic of Korea Presidential Unit Citation (ROKPUC), and the Korean Service Medal (KSM) with one bronze service star. 

6.  He reenlisted on 19 November 1951 for a period of 6 years and his records show that he was serving as a wheel vehicle mechanic in the United States.  He continued to serve until he was honorably retired by reason of physical disability on 31 July 1953.  His DD Form 214 indicates no awards or decorations.

7.  In 1993, the Army Reserve Personnel Center (ARPERCEN) authorized the issuance of medal sets for all of his awards.  In June 2000, the ARPERCEN authorized the issuance of his awards again and this time included the National Defense Service Medal (NDSM) and the Honorable Service Lapel Button WWII.  There is no indication in the available records to show that they were ever added to his final DD Form 214 dated 31 July 1953.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that all authorized decorations and awards will be entered on the DD Form 214 at the time of separation.
9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, indicates that the first campaign in Korea started in June 1950 and the sixth campaign (United Nations Summer-Fall Offensive) started on 9 July 1951 and ended in November 1951.

10.  Army Regulation 600-8-22 serves as the authority for decorations and awards.  It provides, in pertinent part, that the AOM (Germany) is awarded for service for 30 consecutive days at a normal post of duty in Germany between 9 May 1945 and 5 May 1955.

11.  That regulation also provides the criteria for award of the Combat Infantryman Badge (CIB).  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

12.  The Combat Action Ribbon (CAR) was established on 17 February 1969, by the serving Secretary of the Navy and was announced by Secretary of the Navy Note (SECNAVNOTE) 1650, dated 17 February 1969.  The Annual Defense Authorization Bill (Public Law 106-65) signed into law by President Clinton on 5 October 1999, authorized the Secretary of the Navy to award the CAR to members of the Navy or Marine Corps who participated in combat during any period after 6 December 1941.  The CAR is a personal decoration awarded to members of the Navy, Marine Corps and Coast Guard (when operating under control of the Navy) in the pay grade of O-6 and below, who have actively participated in ground or surface combat.  Personnel who earned the CIB or Combat Medical Badge (CMB) while a member of the Army may be authorized to wear the CAR.

CONCLUSIONS:

1.  The CAR is a Department of the Navy decoration that equates to the Army CIB and CMB.  The applicant was not an infantryman assigned to an infantry unit engaged in combat.  Therefore, he was not entitled to an award of the CIB and it appears that he also is not entitled to award of the CAR, an award that would require the Department of the Navy or their corrections board to authorize.

2.  The criteria for award of the AOM (Germany) required assignment in Germany beginning from 9 May 1945, for a period of 30 days.  Inasmuch as the applicant departed Germany on 26 May 1945, 17 days after the qualifying period began, he is not entitled to the award of the AOM (Germany). 

3.  However, the applicant is entitled to have his records corrected to reflect all of his authorized awards, which include the American Theater Campaign Ribbon, the EAME Campaign Ribbon with two bronze service stars, the GCMDL, the WWII Victory Medal, the AOM (Japan), the UNSM, the MUC, the ROKPUC, the KSM with one silver and one bronze service star, the NDSM and the Honorable Service Lapel Button WWII.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case (DD Form 214 dated 31 July 1953) be corrected by showing that the individual concerned was awarded the American Theater Campaign Ribbon, the EAME Campaign Ribbon with two bronze service stars, the GCMDL, the WWII Victory Medal, the AOM (Japan), the UNSM, the MUC, the ROKPUC, the KSM with one silver and one bronze service star, the NDSM and the Honorable Service Lapel Button (WWII).

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__fcj____  __bje ___  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003086407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.