IN THE CASE OF: BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130012064 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1969: * Department of Defense (DOD) Commendation Medal * Army Commendation Medal with 3rd Oak Leaf Cluster * Purple Heart * Army Good Conduct Medal * American Campaign Medal with 2nd Oak Leaf Cluster * European-African-Middle Eastern Campaign Medal with six bronze service stars and one arrowhead * World War II Victory Medal 2. The applicant states the above awards, with the exception of the DOD Commendation Medal, are listed on his DA Form 66 (Officer Qualification Record). The DOD Commendation Medal was awarded for service performed at Headquarters, Defense Language Institute during the period 11 July 1966 to 31 July 1969. 3. The applicant provides his: * DD Form 214 with an effective date of 31 July 1969 * DA Form 66 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. On 25 September 1942, he enlisted in the Enlisted Reserve Corps. On 17 March 1943, he was accepted for active duty. 3. He was assigned to the 540th Engineer Combat Regiment from 26 September 1943 to July 1945 in the European Theater of Operations. He was temporarily attached to another unit during the period 1 - 29 January 1944. On 3 November 1945, he immediately enlisted in the Regular Army. 4. On 14 March 1952, he was appointed a warrant officer junior grade in the U.S. Army Reserve. He was assigned to the 15th Administrative Company, 1st Cavalry Division in Korea from 6 July 1959 to 7 July 1960. 5. He was assigned to Headquarters, Defense Language Institute, West Coast, Presidio of Monterey, CA, from 11 July 1966 to 31 July 1969. 6. On 31 July 1969, he was retired and placed on the Retired List the following day. His DD Form 214 shows he was awarded the: * Army of Occupation Medal (Germany) * National Defense Service Medal with Oak Leaf Cluster * Armed Forces Reserve Medal * Army Commendation Medal with 3rd Oak Leaf Cluster 7. Item 21 (Awards and Decorations) of his DA Form 66 shows he was awarded the: * Purple Heart * World War II Victory Medal * Army Good Conduct Medal * European-African-Middle Eastern Campaign Medal * American Campaign Medal * Army Commendation Medal with 3rd Oak Leaf Cluster 8. Item 21 also contains the entries "ACM (FOLC)" and "ACM (2ndOLC)." The initials ACM were at one time used to denote the Army Commendation Medal. These entries do not refer to the American Campaign Medal. 9. Item 22 (Campaigns) of his DA Form 66 shows he participated in six campaigns during World War II and earned the bronze arrowhead for the Southern France Campaign. 10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II. At the time of the applicant’s assignment to the 540th Engineer Combat Regiment, the unit received assault credit for Southern France (15 - 16 August 1944). 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations or service within the continental United States for an aggregate period of one year. A bronze service star was authorized for wear on the American Campaign Medal to denote participation in the antisubmarine campaign. b. The Korea Defense Service Medal 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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). A silver service star is worn in lieu of five bronze service stars. Authorized service stars will be worn on the appropriate campaign medal. d. An Oak Leaf Cluster is awarded to denote second and succeeding awards of decorations. 12. DOD Manual Number 1348.33, Volume 1, subject: Manual of Military Decorations and Awards: General Information, Medal of Honor, and Defense/Joint Decorations and Awards does not list a DOD Commendation Medal. DISCUSSION AND CONCLUSIONS: 1. The DOD Manual Number 1348.33, Volume 1 does not list the DOD Commendation Medal and the applicant did not provide orders awarding this medal. Therefore, it cannot be added to his DD Form 214. 2. The Army Commendation Medal with 3rd Oak Leaf Cluster is already shown on his DD Form 214. Therefore, no correction is required concerning this award. 3. His DA Form 66 shows he was awarded the: * Purple Heart * Army Good Conduct Medal * American Campaign Medal * World War II Victory Medal Therefore, these awards should be added to his DD Form 214. 4. His DA Form 66 shows he was awarded the European-African-Middle Eastern Campaign Medal. This form also shows he participated in six campaigns and he earned the arrowhead for the Southern France Campaign. Department of the Army Pamphlet 672-1 also shows his unit received assault credit for the Southern France Campaign. Therefore, the European-African-Middle Eastern Campaign Medal with one silver service star, one bronze service star, and one bronze arrowhead should be added to his DD Form 214. 5. The initials "ACM" in item 21 of the DA Form 66 were at one time used to denote the Army Commendation Medal. These entries do not refer to the American Campaign Medal. Only bronze service stars were used on campaign medals to denote participation in campaigns. A bronze service star was authorized for wear on the American Campaign Medal to denote participation in the antisubmarine campaign. There is no evidence he participated in the antisubmarine campaign. Therefore, only the entry for the American Campaign Medal is to be added to his DD Form 214. 6. Based on his completed tour in Korea, he is entitled to the Korea Defense Service Medal. 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 adding the following awards to his DD Form 214 with an effective date of 31 July 1969: * Purple Heart * Army Good Conduct Medal * European-African-Middle Eastern Campaign Medal with one silver service star, one bronze service star, and one bronze arrowhead * American Campaign Medal * Korea Defense Service Medal * World War II Victory 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 the DOD Commendation Medal and Oak Leaf Clusters on the American Campaign Medal. __________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) AR20130012064 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012064 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1