RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 JUNE 2004
      DOCKET NUMBER:   AR2003095409


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that several Department of Defense
Forms 215 (Correction to DD Form 214 – separation report) be issued in
order to correct missing awards and decorations from his various separation
documents.  It also appears that he may be asking, in several instances,
that the authority and/or period of a specific award, and the names of
campaigns that he participated in, also be added to his separation
documents.

2.  The applicant states that after several years of retirement he reviewed
his military records and noted that a number of awards and campaigns were
not included on his discharge documents.

3.  The applicant provided copies of various separation documents and
includes a list of awards that are listed on the documents and then a list
of awards, or notations, which he believes should be added to a specific
separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 June 1973.  The application submitted in this case is dated 11 September
2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant served an
initial period of military service with the United States Navy between May
1943 and March 1946.  He then enlisted in the Army and entered active duty
on 14 August 1948 and was released from active duty with an honorable
characterization of service on 23 May 1952.  On 15 July 1952 he returned to
active duty and served continuously, through a series of reenlistments,
until he was honorably discharged on 30 June 1973 with more than 24 years
of military service.  His name was placed on the retired rolls the
following day.

4.  During the applicant’s military service, he was issued a total of seven
separation documents, including the one from his initial period of military
service with the United States Navy.  Those separation documents include a
variety of decorations to which the applicant was entitled, based on his
service with specific units within specific theaters of operation as well
as various personal decorations, which he was awarded over the course of
his military career.  Some of the awards and decorations received during
earlier periods of military service are reflected on multiple separation
documents, while other awards are listed on only one separation document,
and in some cases were omitted entirely.

5.  The applicant’s March 1946 separation document, from his Naval service,
indicates that he was entitled to the American Campaign Medal, World War II
Victory Medal, Philippine Liberation Medal, and the Asiatic-Pacific
Campaign Medal.  There were no Naval records available to the Board,
however, each of those awards is reflected in the awards section on his
subsequent Army enlisted qualification records.

6.  The applicant’s May 1952 separation document reflects entitlement to
the Army Occupation Medal, Bronze Star Medal, Korean Service Medal with
three bronze service stars, and the United Nations Service Medal.  There is
no evidence in available records which confirms the basis for his Army
Occupation Medal.  Although a unit to which he was assigned, during the
period of service covered by the May 1952 separation document (61st Field
Artillery Battalion), was awarded the Army Occupation Medal with “Japan”
clasp in November 1944.  The applicant was not assigned to the organization
until September 1948.

7.  His July 1958 separation document reflects entitlement to the Republic
of Korea Presidential Unit Citation, two awards of the Army Good Conduct
Medal, the Presidential Unit Citation (Navy), and a Navy Unit Commendation.

8.  His July 1964 separation document reflects entitlement to two more Army
Good Conduct Medals (third and fourth awards).

9.  His July 1967 separation document reflects entitlement to four awards
of the Army Good Conduct Medal, two awards of the National Defense Service
Medal, and qualification as a sharpshooter with the M-14 rifle.  There were
no orders in his file confirming his rifle qualification.

10.  His July 1970 separation document reflects entitlement to his fifth
and sixth awards of the Army Good Conduct Medal, Vietnam Service Medal,
qualification as an expert with the rifle, the Republic of Vietnam Campaign
Medal, qualification as a sharpshooter with the pistol, and a Bronze Star
Medal with 1st oak leaf cluster.  His records contain orders confirming his
sharpshooter qualification with the pistol, but not as an expert with the
rifle.

11.  His final separation document, completed in June 1973, reflects
entitlement to the Bronze Star Medal with 2nd oak leaf cluster, an Army
Commendation Medal with 1st oak leaf cluster and his seventh award of the
Army Good Conduct Medal.

12.  Orders contained in the applicant’s file confirm that he was awarded
three Bronze Star Medals (BSM) and two Army Commendation Medals (ARCOM):

    • BSM – meritorious service 15 August 1950-2 November 1950 (General
      Orders 111 – 12 February 1951, 25th Infantry Division)
    • BSM – meritorious achievement 21 December 1969-7 January 1970 (General
      Orders 256 – 10 February 1970, II Field Force Vietnam)
    • BSM – meritorious service September 1969-August 1970 (General Orders
      953 – 8 August 1970, II Field Force Vietnam)
    • ARCOM – meritorious service 15 March 1963-23 March 1964 (General
      Orders 183, 7th Infantry Division)
    • ARCOM – meritorious achievement 1 June 1970-31 August 1970 (General
      Orders 93 – 26 September 1970, II Field Force Vietnam

13.  Documents in the applicant’s file indicate that he was assigned to
Korea between September 1948 and May 1951 during which time he was assigned
to various field artillery units.  His record, and information confirmed in
Department of the Army Pamphlet 672-1, indicate he is entitled to the
following decorations based on his service with the Battery A of the 90th
Field Artillery Battalion while in Korea:

    • Republic of Korea Presidential Unit Citation
    • Presidential Unit Citation (Navy)
    • Distinguished Unit Citation
    • Campaigns – UN Defensive, UN Offensive, CCF Intervention, First UN
      Counteroffensive, CCF Spring Offensive

14.  In October 1952 the applicant returned to Korea and was once again
assigned to the 90th Field Artillery Battalion.  He remained in Korea until
December 1953.  As a result of his service with that unit in Korea, during
the period cited, he was entitled to the following:

    • Republic of Korea Presidential Unit Citation
    • Navy Unit Citation
    • Campaigns – Korea Summer-Fall, Third Korea Winter, Korea Summer-1953

15.  Between September 1969 and August 1970 the applicant completed a tour
of duty in Vietnam.  As a result of his service in Vietnam he was entitled
to the following:

    • Republic of Vietnam Gallantry Cross Unit Citation with Palm
    • Two awards of the Republic of Vietnam Civil Actions Honor Medal First
      Class Unit Citation
    • Campaigns – Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970,
      Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII

16.  The applicant’s file confirms that he was also awarded seven awards of
the Army Good Conduct Medal.  Although his records do not contain copies of
the seven orders confirming each of the awards, his enlisted qualification
record does contain entries denoting the order number and issuing authority
for each of the Army Good Conduct Medals.

17.  Army Regulation 600-8-22 notes that the following decorations are
authorized by virtue of an individual’s service within a specific theater
of operation or during a designated period:

    • Korean Service Medal – service between 27 June 1950 and 27 July 1954
      within the territorial limits of Korea
    • United Nations Service Medal – personnel awarded the Korean Service
      Medal automatically establishes eligibility for the United Nations
      Service Medal
    • National Defense Service Medal – honorable service between 27 June
      1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974
      (to signify receipt of a second or subsequent award, a bronze service
      star will be worn)
    • Vietnam Service Medal – service between 3 July 1965 and 28 March 1973
      in Vietnam and contiguous waters
    • Republic of Vietnam Campaign Medal – for 6 months of service in
      Vietnam between 1 March 1961 and 28 March 1973

18.  Army Regulation 600-8-22 also states that campaign participation
during the Korean War and/or the Vietnam War will be reflected by bronze
service stars on either the Korean Service Medal or Vietnam Service Medal,
as appropriate.  A silver service star is worn in lieu of five bronze
service stars.

19.  Army Regulation 600-8-22 states that each weapon qualification bar
will be attached to the basic badge which indicates the qualification last
attained with the respective weapon.

20.  Army Regulation 635-5 establishes the policies and provisions for the
preparation and distribution of separation documents.  It notes that once a
separation document has been issued it will not be reissued unless it
cannot be properly corrected by issuance of a Department of Defense Form
215 or if the correction would require issuance of more than two Department
of Defense Forms 215.

21.  Army Regulation 635-5, in effect at the time of the applicant’s 1973
separation, noted that item 24 (awards) would reflect all decorations,
service medals, campaign credits, and badges awarded or authorized on the
individual’s enlisted qualification record, omitting authorities cited
therein.  Earlier versions of the regulation, which would have been in
effect during the applicant’s various period of earlier service for which a
separation document was issued merely indicated that the awards information
was “self-explanatory.”

22.  The applicant’s enlisted qualification record does reflect the awards,
decorations, campaign credits, and badges listed above with the exception
of his qualification as an expert and sharpshooter with the rifle, the
campaigns he participated in during the Korean War, and two of the four
campaigns he participated in during the Vietnam War.

DISCUSSION AND CONCLUSIONS:

1.  While the Board could direct that each of the applicant’s various
separation documents be corrected to reflect the awards he earned during
the period of service covered by that separation document, a more efficient
method would be to simply issue one Department of Defense Form 215 amending
his final separation document to reflect all of the awards and decorations
he was entitled to throughout all of his military service, thereby
providing one single document capturing all of his awards, as provided for
in Army Regulation 635-5 which was in effect at the time of the applicant’s
retirement in 1973.

2.  To that end, the applicant’s records confirm that he is entitled to the
following:

    • three Bronze Star Medals
    • two Army Commendation Medals
    • seven awards of the Army Good Conduct Medal
    • two Republic of Korea Presidential Unit Citations
    • Presidential Unit Citation (Navy)
    • Distinguished Unit Citation
    • Navy Unit Citation
    • Korean Service Medal with one silver service star and three bronze
      service stars (denoting participation in a total of eight campaigns)
    • United Nations Service Medal
    • Republic of Vietnam Gallantry Cross Unit Citation with Palm
    • two awards of the Republic of Vietnam Civil Actions Honor Medal First
      Class Unit Citation
    • Vietnam Service Medal with four bronze service stars
    • Republic of Vietnam Campaign Medal
    • two awards of the National Defense Service Medal

3.  Although the applicant’s entitlement to the Army Occupation Medal with
“Japan” clasp cannot be verified, it is reflected on an earlier separation
document and in the awards section of his enlisted qualification record.
As such, in the interest of justice and equity that decoration should be
confirmed as well.  The same situation applies to the awards received
(American Campaign Medal, World War II Victory Medal, Philippine Liberation
Medal, and Asiatic-Pacific Campaign Medal) during his period of Naval
service.  Those decorations should also be confirmed.

4.  Although the applicant’s file does confirm that he qualified as a
sharpshooter with the pistol and was awarded the appropriate qualification
badge and pistol bar, there is no evidence confirming that he last
qualified as an expert with the rifle or that he was awarded that badge and
component bar.  However, in the absence of evidence to the contrary, and
the fact that the qualification information is reflected on an earlier
separation document, it would be appropriate to include his qualification
as an expert with the rifle in addition to his qualification as a
sharpshooter with the pistol.

5.  If the applicant did intend to have the authority for various awards or
the names of campaigns recorded on his separation document, the regulation,
which outlines the preparation of separation documents, does not provide
for that information to be entered on the separation document.

BOARD VOTE:

__MP ___  __WP___  ___MB__  GRANT 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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by issuing a single
Department of Defense Form 215 to his 1973 deleting the awards and
decorations currently shown on that separation document and then showing
entitlement to the following awards and decorations:

    • three Bronze Star Medals
    • two Army Commendation Medals
    • seven awards of the Army Good Conduct Medal
    • two Republic of Korea Presidential Unit Citations
    • Presidential Unit Citation (Navy)
    • Distinguished Unit Citation
    • Navy Unit Citation
    • Korean Service Medal with one silver service star and three bronze
      service stars (denoting participation in a total of eight campaigns)
    • United Nations Service Medal
    • Republic of Vietnam Gallantry Cross Unit Citation with Palm
    • two awards of the Republic of Vietnam Civil Actions Honor Medal First
      Class Unit Citation
    • Vietnam Service Medal with four bronze service stars
    • Republic of Vietnam Campaign Medal
    • two awards of the National Defense Service Medal
    • Army Occupation Medal with “Japan” clasp
    • American Campaign Medal
    • World War II Victory Medal
    • Philippine Liberation Medal
    • Asiatic-Pacific Campaign Medal
    • qualification as a sharpshooter with the pistol and entitlement to the
      associated badge and component bar
    • qualification as an expert with the rifle and entitlement to the
      associated badge and component bar.

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
issuance of Department of Defense Forms 215 to each of his various
separation documents, reflection of the authority for each award on the
separation document, and reflection of the names of the campaigns he
participated in during the Korean and Vietnam Wars.





            ___Margaret Patterson_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003095409                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040617                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |