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ARMY | BCMR | CY2003 | 2003089103C070212
Original file (2003089103C070212.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 April 2004
      DOCKET NUMBER:   AR2003089103


      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. Carolyn Wade                  |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 that his DD Forms 214 (Armed Forces of the
United States Report of Transfer or Discharge) for the periods ending
31 January 1966 and 31 December 1968 (whichever is appropriate) be
corrected to show all of the awards and decorations that he is authorized
for service in the Republic of Vietnam.  In effect, he is requesting
correction of his retirement DD Form 214 issued on 31 December 1968 to show
all of the awards and decorations he earned during a 21-year career.

2.  The applicant states that, among other unspecified awards, the
following awards are not shown on his DD Forms 214:  Vietnam Service Medal
with Bronze Service Stars, Vietnam Campaign Medal, Army Commendation Medal
with "V" Device, Republic of Vietnam Gallantry Cross with Bronze Star, and
any other awards he may be authorized, as well as any unit awards.

3.  The applicant provides a copy of an 8 August 1966 letter from
Headquarters, Department of the Army, Office of The Adjutant General,
authorizing him to accept and wear awarded Vietnamese decorations.

4.  The applicant provides a copy of Republic of Vietnam Official Order
Number 67/TTL meritoriously citing him before the regiment to wear the
Republic of Vietnam Gallantry Cross Unit Citation with Bronze Star.

5.  The applicant provides a copy of General Orders Number (GO) 2061,
Headquarters (HQ), United States Army Vietnam (USARV), dated 21 December
1965, awarding him the Army Commendation Medal with "V" Device for valor.
He is cited for heroic actions near Tay Ninh, Republic of Vietnam, on 11
June 1964.

6.  The applicant provides a copy of Special Orders Number (SO) 205, HQ,
Department of the Army (DA), dated 18 October 1968, releasing him from
active duty, placing him on the retired list, and assigning him to the
United States Army Reserve Control Group (Retired).

7.  The applicant provides a copy of DD Forms 214 for the periods of
service ending 22 October 1951 and 31 January 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 31 December 1968.  The application submitted in this case is
dated 1 April 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.  The applicant's military records show that he is a retired Master
Sergeant (MSG/E-8) with a total of 20 years, 10 months, and 6 days of
creditable active Federal service.  His periods of service include
enlistments from 6 November 1947 to 12 October 1951; 11 January 1952 to
10 January 1957; 1 February 1957 to 31 January 1963; 1 February 1963 to 31
January 1966; and 1 February 1966 to 31 December 1968.

4.  A review of the applicant's separation documents reveals that not all
of his awards and decorations were properly annotated on those forms.  The
following awards are shown:

      a.  DD Form 214 for the period 6 November 1947 – 12 October 1951;
Purple Heart, Good Conduct Medal, Army of Occupation Medal with Japan
Clasp, Korean Service Medal with Arrowhead and 5 Bronze Campaign Stars,
Combat Infantryman Badge, Glider Badge, and Senior Parachutist Badge.

      b.  DD Form 214 for the period 11 January 1952 – 10 January 1957;
Good Conduct Medal with Clasp, National Defense Service Medal, Korean
Service Medal, United Nations Service Medal, Republic of Korea Presidential
Unit Citation.

      c.  DD Form 214 for the period 1 February 1957 – 31 January 1963;
Good Conduct Medal (1st Award), Sharpshooter Marksmanship Qualification
Badge (Carbine and Rifle), and Marksman Marksmanship Qualification Badge
(Missileman).

      d.  DD Form 214 for the period 1 February 1963 – 31 January 1966; Air
Medal, Armed Forces Expeditionary Medal, and Combat Infantryman Badge (2nd
Award).

      e.  DD Form 214 for the period 1 February 1966 – 31 December 1968;
National Defense Service Medal with Oak Leaf Cluster, and Driver and
Mechanic Badge with Driver (W) Bar.

5.  The applicant's WD AGO Form 24A (Service Record) and DA Forms 24
(Service Record) reflect the following information relative to awards,
decorations, campaigns, and wounds:

      a.  WD AGO Form 24A for the period 6 November 1947 – 12 October 1951
lists the following awards:  Purple Heart with Oak Leaf Cluster (GO 27, HQ,
187th Airborne Regimental Combat Team or ARCT); Good Conduct Medal (GO 23,
HQ, 187th ARCT), Army of Occupation Medal with Japan Clasp, Korean Service
Medal with Arrowhead and 5 Bronze Campaign Stars (Commander-in-Chief Far
East Message CX 60680), Combat Infantryman Badge (SO 3, HQ, 187th ARCT),
Glider Badge (SO 78, HQ, 11th Airborne Division), Parachutist Badge (SO 70,
HQ, 11th Airborne Division), Senior Parachutist Badge (SO 113, HQ, 187th
ARCT).  It also shows that he received a shrapnel wound to his left leg on
29 September 1950 and a gunshot wound to his right leg on 14 February 1951.
 It shows he participated in 5 campaigns:  United Nations Offensive,
Communist China Intervention, First United Nations Counteroffensive,
Chinese Communist Forces Spring Offensive, and UN Defensive.  On 20 October
1950, he participated in the airborne invasion at Sukchon, North Korea.

      b.  DA Form 24 for the period 11 January 1952 – 10 January 1957 lists
the following awards: National Defense Service Medal; United Nations
Service Medal; Korean Service Medal; Republic of Korea Presidential Unit
Citation (DAGO 23, 31 March 1954); and Good Conduct Medal with Clasp (GO
24, HQ, 187th ARCT).  It also lists the above awards from the his first
period of service and includes, for the first time, the Bronze Star Medal
with "V" Device issued 11 January 1952.  It shows that the applicant
participated in the Korean Summer-Fall 1953 Campaign.

      c.  DA Form 24 for the period 1 February 1957 – 31 December 1968
lists the following new awards not previously listed:  Good Conduct Medal
(GO 38, HQ, 101st Airborne Division, 24 April 1962); Good Conduct Medal (GO
24, HQ, 187th ARCT, 24 April 1965); Combat Infantryman Badge, 2nd Award (SO
40, HQ, 1st Special Forces Group, or SFG); Armed Forces Expeditionary
Medal; Air Medal (GO 57, HQ, US Army Support Command – Vietnam); Master
Parachutist Badge (SO 114, HQ, 187th ARCT); Army Commendation Medal with
"V" Device (GO 2061, HQ, US Army – Vietnam); National Defense Service Medal
with Oak Leaf Cluster; Republic of Vietnam Gallantry Cross with Silver
Star; Vietnamese Master Parachutist Badge.

6.  The applicant's records contain the following orders for awards and
decorations:

      a.  GO 24, HQ, 187th ARCT, 1 December 1955, for the Good Conduct
Medal with 2 Loops.

      b.  GO 38, HQ, 101st Airborne Division, 24 April 1962, for the Good
Conduct Medal (20 March 1959 – 19 March 1962).

      c.  SO 119, HQ, 2nd Armored Division, 29 April 1966, for the Driver
and Mechanic Badge with Driver (W) Bar.

      d.  GO 25, HQ, 2nd Armored Division, 29 March 1951, for the Purple
Heart.

      e.  GO 27, HQ 141st General Hospital, 4 April 1951, for the Purple
Heart with Oak Leaf Cluster.

      f.  GO 572, HQ, US Army Support Command – Vietnam; 29 September 1964,
for the Air Medal.

      g.  GO 2061, HQ, US Army – Vietnam, 21 December 1965, for the Army
Commendation Medal with "V" Device.

      h.  SO 114, HQ, 187th ARCT, 18 May 1955, for the Master Parachutist
Badge.

7.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the
separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It establishes standardized policy for preparing and distributing the DD
Form 214.  It states, in pertinent part, that awards and decorations for
all periods of service will be listed in the appropriate block on DD Form
214 in the priority sequence specified in AR 600-8-22 (Military Awards) and
that abbreviations will not be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had a distinguished career as an Infantryman and Special
Forces Soldier.  His final DD Form 214, issued upon the occasion of his
retirement from active duty, does not reflect all of the awards,
decorations and badges to which he is entitled.

2.  A thorough review of the applicant's records proves, by virtue of
actual orders, order citations in personnel document, or by virtue of
geographical assignments, that he is entitled to correction of his
retirement DD Form 214 to show the
following:  Bronze Star Medal with "V" Device, Purple Heart with Oak Leaf
Cluster, Air Medal, Army Commendation Medal with "V" Device, Good Conduct
Medal with Numeral 5 (6 November 1947-12 October 1951, 11 January 1952-10
January 1955, 1 February 1957-31 January 1960, 1 February 1960-31 January
1963, 1 February 1963-31 January 1966), Army of Occupation Medal with Japan
Clasp, National Defense Service Medal with Oak Leaf Cluster, Korean Service
Medal with Arrowhead and 1 Silver Star and 2 Bronze Service Stars, Armed
Forces Expeditionary Medal, Vietnam Service Medal with Bronze Service Star
(Advisory Campaign, 15 March 1962-7 March 1965), Republic of Vietnam
Gallantry Cross Unit Citation with Silver Star, Republic of Vietnam
Gallantry Cross Unit Citation with Bronze Star, United Nations Service
Medal, Presidential Unit Citation, Republic of Korea Presidential Unit
Citation, Combat Infantryman Badge (2nd Award), Glider Badge, Parachutist
Badge, Senior Parachutist Badge, Driver and Mechanic Badge with Driver (W)
Bar, Vietnamese Master Parachutist Badge.

BOARD VOTE:

__mkp___  __mhm___  __rtd___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the DD Form 214 issued to the individual
concerned on 31 December 1968 be corrected by showing that he is entitled
to:  Bronze Star Medal with "V" Device, Purple Heart with Oak Leaf Cluster,
Air Medal, Army Commendation Medal with "V" Device, Good Conduct Medal with
Numeral 5 (6 November 1947-12 October 1951, 11 January 1952-10 January
1955, 1 February 1957-31 January 1960, 1 February 1960-31 January 1963,
1 February 1963-31 January 1966), Army of Occupation Medal with Japan
Clasp, National Defense Service Medal with Oak Leaf Cluster, Korean Service
Medal with Arrowhead and 1 Silver Star and 2 Bronze Service Stars, Armed
Forces Expeditionary Medal, Vietnam Service Medal with Bronze Service Star
(Advisory Campaign, 15 March 1962-7 March 1965), Republic of Vietnam
Gallantry Cross Unit Citation with Silver Star, Republic of Vietnam
Gallantry Cross Unit Citation
with Bronze Star, United Nations Service Medal, Presidential Unit Citation,
Republic of Korea Presidential Unit Citation, Combat Infantryman Badge (2nd
Award), Glider Badge, Parachutist Badge, Senior Parachutist Badge, Driver
and Mechanic Badge with Driver (W) Bar, Vietnamese Master Parachutist
Badge.




                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003089103                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040429                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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