RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 APRIL 2005
      DOCKET NUMBER:  AR20040003589


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      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 all awards and decorations that he is entitled
to.  Specifically, he requests award of the Army Overseas Ribbon for
service in Korea, the Korean Defense Service Medal, the Combat Infantryman
Badge (for combat service in Korea or the Persian Gulf), the Meritorious
Service Medal, and a retirement award.

2.  The applicant states that he did not receive those awards.

3.  The applicant provides a copy of his military and medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1999.  The application submitted in this case is
dated         22 June 2004.

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 limitations 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 requested correction of his records to show award of the
Meritorious Service Medal and a retirement award.  There are no orders or
other evidence authorizing award of the Meritorious Service Medal or an
award at the time of his retirement.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Meritorious Service Medal and a retirement award under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, they will not be discussed
further in the Record of Proceedings.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows
that he served on active duty as an infantryman from 18 February 1964 to 25
November 1966, one year of which was in Korea from 10 October 1965 to 24
November 1966.  He was released from active duty in the rank of sergeant at
Fort McCoy, Wisconsin and transferred to the Army Reserve Control Group at
St. Louis.  His DD Form 214 shows award of the National Defense Service
Medal.  His OMPF (Official Military Personnel File) shows that he received
nonjudicial punishment under Article 15, Uniform Code of Military Justice
(UCMJ) on five occasions, in June and September 1964, December 1965, and
March and April 1966, during this period of his military service.

5.  The applicant’s enlisted service thereafter was with the Army Reserve,
both in the Individual Ready Reserve and as a member of a troop program
unit.  He completed an Army precommission course on 24 January 1981 and a
basic course for Reserve Components Noncommissioned Officers on 10 May
1981.

6.  On 26 October 1981 the applicant was commissioned a first lieutenant in
the Army Reserve.  On 15 March 1982 the applicant was ordered to active
duty in an AGR (Active Guard Reserve) status and for the most part
continued as an AGR officer until his retirement in 1999.  He was promoted
to captain on 25 October 1985 and to major on 24 October 1992.

7.  The applicant’s OMPF shows completion of numerous military courses,
including the Military Police Officer Basic Course, Infantry Officer Basic
Course, Military Intelligence Officer Basic Course, Infantry Officer
Advance Course, Command and General Staff Officer Course, and Civil Affairs
Officer Advance Course.

8.  In addition to his period of service in Korea, his DA Form 2-1
(Personnel Qualification Record) shows temporary duty in Ecuador for 2
months from           1 October 1987 to 29 December 1987, 17 days in the
Virgin Islands from           13 December 1989 to 30 December 1989, and 3
months in Saudi Arabia/Iraq from 19 January 1991 to 13 April 1991.

9.  His OMPF reflects the following awards:

      a.  Army Achievement Medal for the period 1 June 1980 to 25 October
1981

      b.  Army Reserve Components Achievement Medal for the period 23 May
1979 to 22 May 1983

      c.  Armed Forces Reserve Medal for the period 23 May 1979 to 22 May
1989

      d.  National Defense Service Medal because of his active service from
1964 to 1966
      e.  Armed Forces Expeditionary Medal (Korea), Sharpshooter
Qualification Badge with rifle and machine gun bars, Marksmanship
Qualification Badge with rifle and pistol bars, and Expert Qualification
Badge with rifle and machine gun bars, based on a DD Form 215 correction to
his 25 November 1966                 DD Form 214

      f.  The Driver Badge with component bar (Driver – W) on 5 October
1983

      g.  The Humanitarian Service Medal based on a 6 August 1992
determination that the applicant was entitled to that award

      h.  The Army Service Ribbon and the Noncommissioned Officer
Professional Development Ribbon (NCOPDR) with Numeral 1, on 18 July 1983
based on an authorization for issuance of awards issued by the Reserve
Components Personnel and Administration Center in St. Louis

      i.  The Numeral 3 to the NCOPDR on 19 September 1983 based on the
above mentioned authority

      j.  Army Commendation Medal for meritorious achievement for the
period  2 October 1987 to 9 November 1987 while assigned to the 160th
Military Police (MP) Battalion in Tallahassee, Florida

      k.  Army Commendation Medal for meritorious service for the period
    19 May 1986 to 18 May 1990 while assigned to the 160th MP Battalion,
approved on 21 August 1992

      l.  Army Commendation Medal for meritorious service for the period
    19 May 1986 to 1 December 1990 while assigned to the 489th Civil
Affairs Company in Knoxville, Tennessee, approved on 27 July, the year of
which is undecipherable

      m.  Army Commendation Medal for meritorious service for the period
  14 May 1990 to 29 December 1993 while assigned to the Headquarters and
Headquarters Detachment of the 489th, approved on 11 March 1996

      n.  Bronze Star Medal for the period 17 January 1991 to 5 March 1991

      o.  Good Conduct Medal for the period 18 February 1964 to 25 November
1966 based on a recommendation from his former commanding officer, who
stated that the applicant served under him during the summer and fall of
1966, and that his exemplary conduct and meritorious performance of duty
made him exceptionally deserving of the award

10.  On 18 March 1998 this Board denied his request for award of the
Meritorious Service Medal, stating that there was no evidence that a
recommendation was made or that orders were published for that award.

11.  The applicant retired on 30 April 1999 with more than 20 years of
active federal service.  His DD Form 214 reflects all the awards indicated
above, except for his marksmanship awards.  In addition, that form shows a
second award of the Army Achievement Medal and National Defense Service
Medal; award of the Meritorious Unit Commendation and the Korean
Presidential Unit Citation; and award of the Overseas Service Ribbon, the
Armed Forces Reserve Medal with mobilization device, the Southwest Asia
Service Medal with two bronze service stars, and the Kuwait Liberation
Medal (Saudi Arabia and Kuwait).

12.  Army Regulation 600-8-22 provides the Army policy, criteria, and
instructions concerning awards.  It states in pertinent part that the Armed
Forces Expeditionary Medal is authorized for military operations for
service in designated areas, to include Korea from 1 October 1966 to 30
June 1974.  The Overseas Service Ribbon is awarded for successful
completion of overseas tours.  The Overseas Service Ribbon will not be
awarded for overseas service recognized by another service medal.

13.  The above-mentioned regulation provides for award of the Combat
Infantryman Badge, and states that there are basically three requirements
for award of the Combat Infantryman Badge.  The Soldier must be an
infantryman satisfactorily performing infantry duties, he must be assigned
to an infantry unit during such time as the unit is engaged in active
ground combat, and he must actively participate in such ground combat.

14.  Army Human Resources Command Message (Date Time Group 9   February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the Korea
Defense Service Medal as follows:


      a) service members of the armed forces must have served in support of
the defense of the Republic of Korea from 28 July 1954 through a future
date to be determined by the Secretary of Defense;


      b) the area of eligibility encompasses all land area of the Republic
of Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas;


      c) service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 
non-consecutive days.

15.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:


      a) be engaged in actual combat during an armed engagement, regardless
of the time in the area of eligibility;


      b) is wounded or injured in the line of duty and requires medical
evacuation from the area of eligibility;


      c) participates as a regularly assigned air crew member flying sorties
for 30 consecutive days or 60 nonconsecutive days into, out of, within, or
over the area of eligibility in support of military operations; or


      d) served in operations and exercises conducted in the area of
eligibility as long as the basic time criteria is met.


The message further provided that, due to extensive time period for the
Korea Defense Service Medal eligibility, the non-consecutive service period
for eligibility remains cumulative throughout the entire period.  The Korea
Defense Service Medal is authorized to members of the Armed Forces who have
served on active duty in support of the defense of the Republic of Korea
from 28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea in 1965 and 1966.  He is entitled to
award of the Korea Defense Service Medal.

2.  The applicant was awarded the Expert Marksmanship Qualification Badge
with rifle and machine gun bars, and the Marksman Marksmanship
Qualification Badge with pistol bar.  Those awards should be shown on his
30 April 1999      DD Form 214.

3.  There is no evidence and the applicant has not submitted any to show
that he was assigned to an infantry unit in combat, either in Korea or in
Saudi Arabia during Operation Desert Storm.  He is not entitled to award of
the Combat Infantryman Badge.

4.  The applicant was awarded the Overseas Service Ribbon, although there
is no evidence that he completed an overseas tour other than in Korea
during 1965 and 1966, for which he was awarded the Armed Forces
Expeditionary Medal.  Nonetheless, because he has been awarded this ribbon,
this issue need not further be addressed by the Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM _   ___KH __  ___LF    _  GRANT PARTIAL 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 award of the Korea
Defense Service Medal, the Expert Marksmanship Qualification Badge with
rifle and machine gun bars, and the Marksman Marksmanship Qualification
Badge with pistol 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
award of the Combat Infantryman Badge.



                            ______Melvin Meyer________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003589                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050426                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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