RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007921


      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. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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 that his record be corrected to show award of
the Legion of Merit.

2.  The applicant states that the award is not recorded in his records
because it was presented to him on the date that he retired.  He obtained
his records shortly after the award ceremony and traveled in Europe for
five months.

3.  The applicant provides a copy of his DD Form 214 (Report of
Separation), and a photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 October 1978.  The application submitted in this case
is dated     20 September 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 was inducted into the Army on 22 January 1953 and served
in Korea from 14 October 1953 until 20 September 1954.  He was awarded the
Korean Service Medal and the United Nations Service Medal, National Defense
Service Medal, Good Conduct Medal, and Expert Infantryman Badge.

4.  After serving on active duty as an enlisted Soldier for over 5 years,
on          19 September 1958 he was commissioned a second lieutenant in
the Army Reserve with concurrent call to active duty.  He served on
continuous active duty until his retirement in October 1978.

5.  The applicant had two tours of duty in Vietnam, from June 1966 to June
1967, and from August 1970 to September 1971.  He participated in five
campaigns during those two periods of service in Vietnam.

6.  On 13 October 1978, Headquarters, V Corps, published an order awarding
the applicant the Legion of Merit for meritorious service from 16 December
1974 to 31 October 1978.  That award is not reflected on his DD Form 214.

7.  The applicant retired on 31 October 1978.  His DD Form 214 reflects
numerous decorations awarded, to include the Vietnam Service Medal;
however, by so doing it does not reflect the number of campaigns in which
he participated.
8.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed
Forces serving in Vietnam from 3 July 1965 through 28 March 1973. One
bronze service star is authorized for each campaign.  A silver service star
is worn instead of five bronze service stars.

9.  Army Human Resources Command Message 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Legion of Merit.  That award should be
reflected in his records.

2.  The applicant participated in five campaigns during his two tours of
duty in Vietnam.  He is entitled to award of the Vietnam Service Medal with
one silver service star.

3.  The applicant served in the Republic of Korea subsequent to 27 July
1954 for more than 30 consecutive days.  He is entitled to award of the
Korea Defense Service Medal.

BOARD VOTE:

___JS___  ___HF __  ___LS   _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 all Department of the Army records of the
individual concerned be corrected by showing award of the Legion of Merit,
Vietnam Service Medal with one silver service star, and Korea Defense
Service Medal.




                            _______John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007921                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|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.       |107.009                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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