RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 December 2003
         DOCKET NUMBER: AR2003084070


         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. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley Powell		Member
Mr. John N. Slone		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests issuance of a DD Form 215 (Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)), that shows he was awarded the Republic of Korea Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Korean War Service Medal.

2. The applicant states that he did not know until recently that he could request a DD Form 215 to correct his DD Form 214 regarding certain medals.

3. The applicant provides copies of his three DD Forms 214 and his Addendum to DA Form 1577 (National Archives and Records Administration Form).

CONSIDERATION OF EVIDENCE:

1. The applicant requests correction to errors that occurred at the time two of his DD Form 214’s were prepared, 19 April 1959 and 30 April 1971, respectively. The application submitted in this case is dated 18 December 2002.

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. The applicant’s military records show he enlisted in the Regular Army as a private, pay grade E-1, on 7 April 1951 and served continuously until 30 April 1971, when he separated from active duty for the purpose of retirement.

4. The applicant was issued a DD Form 214 with an effective date of 19 April 1959. This DD Form 214 covered the applicant’s service in Germany and the Korean War. The DD Form 214 does not show award of the Republic of Korea Presidential Unit Citation and does not show his campaign credit for the Korean War.

5. Department of the Army Pamphlet 672-1 (United Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows the unit to which the applicant was assigned, Company C, 17th Infantry Regiment, was cited for



award of the Republic of Korea Presidential Unit Citation for actions during the period 11 June 1952 through 1 October 1953 by Department of the Army General Orders Number 24, dated 1954.

6. The applicant’s records show he participated in the Second Korean Winter 1951-1953 (28 November 1951-30 April 1952) and the Korean Summer-Fall 1952 (1 May-30 November 1952) Campaigns.

7. The applicant was issued a DD Form 214 with an effective date of 30 April 1971. This DD Form 214 covered the applicant’s service in the 578th and 5th Light Equipment Maintenance Companies in Vietnam from 3 November 1968 to 22 October 1969. The DD Form 214 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists award of the National Defense Service Medal, the Korean Service Medal, the United Nationals Service Medal, the Combat Infantryman Badge, the Army Occupation Medal, the Good Conduct Medal (1st through 7th Award), the National Defense Service Medal with 1st Oak Leaf Cluster, the Republic of Vietnam Campaign Medal with Device 60, and the Bronze Star Medal.

9. Department of the Army Pamphlet 672-3 (United Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10. Department of the Army Pamphlet 672-1 (United Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant’s unit, the 578th Light Equipment Maintenance Company, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1968 to 30 April 1969 by Department of the Army General Orders Numbers 39, dated 1970. The applicant’s unit the 5th Light Equipment Maintenance Company was also cited for the Meritorious Unit Commendation for actions during the period 2 November 1968 to 1 May 1969 by Department of the Army General Orders Number 39, dated 1970.

11. On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The


Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

12. Army Regulation 600-8-22, in pertinent part, authorized award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13. Army Regulation 600-8-22, in pertinent part, authorized award of a bronze oak leaf cluster to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1. General orders show the applicant is entitled to award of the Republic of Korea Presidential Unit Citation.

2. The applicant is also entitled to two bronze service stars for the Korean Service Medal based on his participation in two campaigns during his service in Korea.

3. General orders show the applicant is further entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

4. General orders also show the applicant is entitled to the Meritorious Unit Commendation with One Oak Leaf Cluster.

5. His service in Korea during the Korean Conflict also may qualify him to receive the Korean War Service Medal; however, the applicant must apply to the Department of the Air Force to be entitled to this award.


BOARD VOTE:

__sc___ ___sp___ ___js___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

         a. by correcting the DD Form 214, with an effective date of 19 April 1959 to show award of the Republic Of Korea Presidential Unit Citation and the Korean Service Medal with two bronze service stars; and

b. by correcting the DD Form 214, with an effective date of 30 April 1971 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Meritorious Unit Commendation with One Oak Leaf Cluster.

2. That the individual concerned in this case apply for award of the Korean War Service Medal by submitting his request in accordance with the administrative instructions attached to this Record of Proceedings.





                  __Samuel A. Crumpler_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084070
SUFFIX
RECON
DATE BOARDED	20031216
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	107.0070
3.	107.0088
4.	107.0094
5.
6.