RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 January 2004
      DOCKET NUMBER:   AR2003089867


      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             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Mr. William D. Powers             |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of: the Meritorious
Service Medal, 1st oak leaf cluster; the Korea Defense Service Medal; the
Special Forces Tab; the Parachute Rigger Badge; and, the Cold War
Recognition Certificate.

2.  The applicant states, in effect, that he is entitled to these awards
and that they should be entered on his separation document.

3.  The applicant provides a copy of his DD Form 214, a copy of his DA Form
20 (Enlisted Qualification Record), and a copy of an article from the
Veterans of Foreign Wars magazine on the subject of the Korean Defense
Service Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 30
April 1983. The application submitted in this case is dated 15 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 enlisted in the Army
Reserve on 7 October 1953.  He served continuously from that date until 26
May 1972, when he enlisted in the Regular Army.  He remained in the Regular
Army until his retirement, for length of service, on 30 April 1983 in pay
grade E-8.  Throughout this period the applicant served in a series of
assignments in the United States and overseas, to include: Korea from 16
December 1954 to 19 June 1956; Germany from 29 May 1958 to 9 May 1960 (to
include duty in Lebanon); and, Vietnam from 8 August 1970 to 7 August 1971.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214, authenticated in his
own hand, shows that he is entitled to the following decorations: the
Bronze Star Medal; the Meritorious Service Medal; the Good Conduct Medal,
4th Award; the Armed Forces Expeditionary Medal; the Vietnam Service Medal
with two bronze service stars; the Republic of Vietnam Campaign Medal; the
National Defense Service Medal, 2d Award; the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation; the Parachutist Badge; the
Senior Parachutist Badge; the Air Assault Badge; the Army Service Ribbon;
the Overseas Service Ribbon; and, two overseas service bars.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Meritorious Service Medal is awarded to members of the Armed
Forces of the United States or of a friendly foreign nation who distinguish
themselves by outstanding meritorious achievement or service in a noncombat
area.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.
Recommendations must be made within 2 years of the event or period of
service and the award must be made within 3 years.  There are regulatory
provisions for lost recommendations but not for late recommendations,
reconsideration, nor for upgrading to a more prestigious award.  The
regulation also provides that there is no automatic entitlement to an award
upon departure either from an assignment or from the service.

6.  The Korea Defense Service Medal was just recently approved as part of
the Fiscal Year 2003 Defense Authorization Act, and it has not yet been
designed or funded.  The instructions for issuance and wear of this award
also have not been completed.  The agency responsible for completing these
actions estimates that it could take up to one year before those eligible
for this award will begin to receive it.  Once the Korea Defense Service
Medal is ready for issue, the Army will then publicize information
regarding how to request it and how it will be issued.  Specific
instructions will appear on the Internet, in official publications, and in
the magazines published by veteran service organizations.  Based on this
information, the applicant’s request for the Korea Defense Service Medal is
not discussed any further.

7.  As a matter of information, 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 service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

8.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been 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
award to his DD Form 214.

9.  Item 17 (Civilian Education and Military Schools) of the applicant’s DA
Form 2-1 (Personnel Qualification Record), and Item 14 (Military Education)
of the applicant’s DD Form 214 shows that he successfully completed the
Infantry Operations and Intelligence Specialist (Special Forces) course and
was awarded Military Occupational Specialty 11F5S.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Special
Forces Tab is awarded to any person who successfully completes the Special
Forces Qualification Course or the Special Forces Officer Course.  Reserve
component personnel in an active Reserve status must have been awarded, by
competent authority, Special Qualification Identifier “S.”

11.  Item 17 of the applicant’s DA Form 2-1 and Item 14 of the applicant’s
DD Form 214 shows that he successfully completed the Parachute Maintenance
and Airdrop Course and was awarded Military Occupational Specialty 43E4P.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
Parachute Rigger Badge may be awarded to any person who successfully
completes the Parachute Maintenance and Airdrop Course and holds an awarded
Military Occupational Specialty of 43E.

13.  Award of the Cold War Recognition Certificate is not governed by the
provisions of Army Regulation 600-8-22 and, as a result, is not shown on a
discharge document.  In accordance with section 1084 of the Fiscal Year
1998 National Defense Authorization Act, the Secretary of Defense approved
awarding the Cold War Recognition Certificate to all members of the armed
forces and qualified federal government civilian personnel who faithfully
and honorably served the United States anytime during the Cold War era,
which is defined as 2 September 1945 to 26 December 1991.  The applicant
may submit a request in writing to:

                       CDR, AHRC
                       Cold War Recognition, Hoffman II
                       ATTN: AHRC-CWRS, 3N45
                       200 Stovall Street
                       Alexandria, VA  22332-0473.

Based on this information, the applicant’s request for the Cold War
Recognition Certificate is not discussed any further.

14.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form
2-1 shows that he was awarded the Armed Forces Reserve Medal.
15.  Department of the Army General Order Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders or certificates, and the applicant has not provided
a copy of orders or certificates, awarding him the Meritorious Service
Medal, 1st oak leaf cluster.  There is no evidence of any documentation
ever being submitted, recommending the applicant for award of Meritorious
Service Medal, 1st oak leaf cluster.  Therefore, the applicant is not
entitled to have his records corrected to show this award.

2.  The applicant’s military personnel records show that he completed the
Infantry Operations and Intelligence Specialist (Special Forces) course and
was awarded Military Occupational Specialty 11F5S.  Therefore, he is
entitled to correction of his records to show the Special Forces Tab.

3.  The applicant’s military personnel records show that he completed the
Parachute Maintenance and Airdrop Course and was awarded Military
Occupational Specialty 43E4P.  Therefore, he is entitled to correction of
his records to show the Parachute Rigger Badge.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

BOARD VOTE:

___alr___  ___wdp __  ____mkp  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 showing award of:

      a. the Special Forces Tab;
      b. the Parachute Rigger Badge;


      c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and,


      d. the Armed Forces Reserve 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
award of the Meritorious Service Medal, 1st oak leaf cluster.





            ________Margaret K. Patterson________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003089867                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040115                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |