- IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150005044 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 his discharge document to show award of the Bronze Star Medal with "V" Device. 2. The applicant states that he was awarded the Bronze Star Medal with "V" Device; however, it is not recorded on his discharge document. 3. The applicant provides copies of his award orders and discharge documents. 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. The applicant's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant's reconstructed record, that includes his two discharge documents, is sufficient for the Board to conduct a fair and impartial review of this case. 3. A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 10 February 1948 and he was honorably discharged on 20 March 1952. He had completed 4 years, 1 month, and 8 days of net service this period that included 2 years, 8 months, and 13 days of foreign service. It also shows in: * item 3 (Grade - Rate - Rank and Date of Appointment): Master Sergeant, Temporary, 20 September 1951 * item 4 (Component and Branch or Class): RA, Artillery * item 5 (Specialty Number or Symbol): 1844 (Cannoneer) * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army of Occupation Medal with Japan Clasp * Bronze Star Medal * United Nations Service Medal * Korean Service Medal with 5 Bronze Service Stars * item 28 (Most Significant Duty Assignment): 49th Field Artillery * item 38 (Remarks): Private–2 (PVT–2), Permanent, 15 May 1950 4. Headquarters, 7th Infantry Division, General Orders Number 139, dated 1 May 1951, awarded the applicant the Bronze Star Medal with "V" Device for heroism in action against an armed enemy near Hoengsong, Korea, on 12 February 1951. At the time, he was assigned to Company C, 49th Field Artillery Battalion. 5. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant reenlisted in the RA on 21 March 1952 and he was honorably discharged on 6 June 1957. He had completed 5 years, 2 months, and 16 days of net active service this period that included 4 years, 2 months, and 18 days of foreign service. It also shows in: * item 3 (Grade - Rate - Rank and Date of Rank): Sergeant First Class (SFC), Temporary, 21 July 1953 * item 4 (Department, Component and Branch or Class): Army, RA, Infantry * item 12 (Last Duty Assignment): Company A, 2nd Battery Group, 47th Infantry, Fort Lewis, WA * item 21 (Grade, Rate or Rank at Time of Entry): PVT–2 * item 25 (Specialty Number or Title): 111.70 (Light Weapons Infantryman) * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * Combat Infantryman Badge * National Defense Service Medal * Korean Service Medal with 3 Bronze Service Stars * item 32 (Remarks): Reference item 3: PVT–2 (Permanent), Appointed 2 February 1953, Date of Rank: 15 May 1950 6. A review of the applicant's available military personnel records reveals he may be entitled to additional awards that are not shown on his DD Forms 214. 7. DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units and campaign participation of units serving in World War II and the Korean War. a. It shows, in pertinent part: * a list of the Korean War campaigns, as follows – * United Nations Defensive (27 June - 15 September 1950; for the 49th Field Artillery Battalion, 12 September - 15 September 1950) * United Nations Offensive (16 September - 2 November 1950) * Chinese Communist Forces Intervention (3 November 1950 – 24 January 1951) * First United Nations Counteroffensive (25 January - 21 April 1951) * Chinese Communist Forces Spring Offensive (22 April - 8 July 1951) * United Nations Summer-Fall Offensive (9 July - 27 November 1951) * Second Korean Winter (28 November 1951 - 30 April 1952) * Korea Summer-Fall 1952 (1 May - 30 November 1952) * Third Korean Winter (1 December 1952 - 30 April 1953) * Korea Summer 1953 (1 May - 27 July 1953) * the 49th Field Artillery Battalion was – * awarded participation credit for all 10 campaigns during the Korean War * cited for award of the Republic of Korea Presidential Unit Citation (ROK PUC) for the period – * 15 September 1950 to 27 September 1950 in Department of the Army General Orders (DAGO) Number 35, 1951 * 30 September 1950 to 27 July 1953 in DAGO Number 22, 1956 b. It also shows that not more than one ROK PUC ribbon will be worn by any individual. Although multiple awards of the unit citation are not authorized for wear, official military and historical records will indicate all awards received. 8. A review of the applicant's available military service records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award) during the period of service from 10 February 1948 through 20 March 1952. 9. Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM 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. There must have been no convictions by court-martial. 10. Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between, in pertinent part, 27 July 1950 and 27 July 1954. b. The Korean Service Medal (KSM) is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star will be awarded for wear on the KSM for participation in each credited campaign. A silver service star may be worn in lieu of five bronze service stars. c. The Korean War Service Medal (KWSM) is awarded by the Korean government 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. d. The ROK PUC is awarded by the Korean government. A Soldier must have been assigned or attached to the unit during the period of service the unit was cited for the award. 12. Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army in 1952, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It shows for item 27 enter decorations or citations received during period covered by the DD Form 214, and authority for each. Authorities for service medals need not be entered. 13. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty in 1957, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for item 26 enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein. DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the BSM with "V" Device. 2. A calculation to attempt to determine the period of the applicant's foreign service shows the following: 1952 03 20 date of discharge - 02 08 13 total amount of foreign service (1st Enlistment) = 1949 07 07 + 1 day inclusive = 1949 07 08 latest possible beginning date for his foreign service a. The above calculation supports a period of foreign service from 8 July 1949 through 20 March 1952. b. In view of the above and based on the evidence of record, it may be concluded that he served in the Korean War during the first seven (7) campaigns (from 12 September 1950 through 20 March 1952). 3. The evidence of record shows the applicant qualified for award of the: * NDSM based on his active duty service subsequent to 26 July 1950 * KSM, he served in seven campaigns in Korea during his initial enlistment, which entitles him one silver service star and two bronze service stars for wear on his KSM * KWSM based on his service in support of the Korean War 4. The evidence of record also shows the applicant reenlisted on 21 March 1952 and he served overseas as an infantryman. His 6 June 1957 DD Form 214 shows he was awarded the Combat Infantryman Badge and was authorized the KSM with 3 Bronze Service Stars. Thus, based on the evidence of record, he is entitled to wear two silver service stars on his KSM. 5. General orders awarded the applicant's unit the ROK PUC on two occasions. 6. The applicant served a period of continuous, honorable active duty enlisted service from 10 February 1948 through 9 February 1951. He was promoted to CPL and awarded the BSM for heroism. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award). 7. The applicant continued to serve honorably on active duty from 10 February 1951 through 6 June 1957. His final DD Form 214 shows he was awarded the AGCM. a. However, based on the available evidence of record, he qualified for award of the: * AGCM (2nd Award) for the period of 10 February 1951 through 9 February 1954 * AGCM (3rd Award) for the period of 10 February 1954 through 9 February 1957 b. Thus, his records should be corrected to also show award to the AGCM (2nd Award) and AGCM (3rd Award). 8. In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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. awarding him the Army Good Conduct Medal (1st Award) for the period 10 February 1948 through 9 February 1951 (Standard Name Line: CPL, Battery C, 49th Field Artillery Battalion, 7th Infantry Division); b. awarding him the Army Good Conduct Medal (2nd Award) for the period 10 February 1951 through 9 February 1954 (Standard Name Line: SFC, Company A, 2nd Battery Group, Fort Lewis, WA); c. awarding him the Army Good Conduct Medal (3rd Award) for the period 10 February 1954 through 9 February 1957 (Standard Name Line: SFC, Company A, 2nd Battery Group, Fort Lewis, WA); d. deleting from item 27 of his 20 March 1952, DD Form 214 all of the award entries and adding the following awards: * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Army of Occupation Medal with Japan Clasp * Korean Service Medal with 1 Silver Service Star and 2 Bronze Service Stars * United Nations Service Medal * Korean Service War Medal * Republic of Korea Presidential Unit Citation (2nd Award) e. deleting from item 26 of his 6 June 1957, DD Form 214 the Good Conduct Medal; and f. adding to item 26 of his 6 June 1957, DD Form 214 the Army Good Conduct Medal (2nd and 3rd Awards) and the Korea Service Medal with 2 Silver Service Stars. _______ _ 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) AR20150005044 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005044 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1