RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         19 OCTOBER 2004
      DOCKET NUMBER:  AR2004103242


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 records be corrected to reflect award
of two Purple Hearts, a Bronze Star Medal, and a fifth award of the Army
Good Conduct Medal.

2.  The applicant makes no statement.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 October 1970.  The application submitted in this case
is dated
19 December 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.  Records available to the Board indicate that the applicant entered
active duty on 15 November 1951 and served continuously until he was
retired by reason of physical disability on 12 October 1970.

4.  The applicant’s file contains four separate Department of Defense Forms
214 (Report of Separation from the Armed Forces of the United States).
Those forms reflect various awards issued or awarded during the periods of
service covered by the individual form.  His November 1951 separation
document indicates the applicant was awarded the Combat Infantryman Badge,
the Korean Theater Ribbon (correctly called the Korean Service Medal), and
a Korean Presidential Citation.  His October 1963 separation document shows
award of his third Army Good Conduct Medal.  His October 1969 separation
document shows award of his fourth Army Good Conduct Medal, two awards of
the National Defense Service Medal (Korean and Vietnam era awards), the
Vietnam Service Medal, Vietnam Campaign Medal, and one Purple Heart.  His
final separation document, issued at the time of his October 1970
retirement shows entitled to his fifth Army Good Conduct Medal.

5.  Orders contained in the applicant’s file confirm that he qualified as a
sharpshooter with the rifle in September 1968 and was awarded the
associated badge and component bar, that he was awarded two awards of the
Army Commendation Medal, that he was awarded a Bronze Star Medal, and that
he was awarded two awards of the Purple Heart for wounds received in
September 1950 and March 1951 while in Korea.  In addition to the second
award of the Purple Heart, the other awards were also omitted from his
separation document.

6.  The applicant’s records show that he was assigned to 9th Infantry
Regiment in Korea between July 1950 and March 1951 and the he was assigned
to the 77th Artillery in Vietnam between December 1968 and February 1969.

7.  A review of Department of the Army Pamphlets 672-1 and 672-3 indicate
that the 9th Infantry Regiment was credited with participating in four
designated campaign periods (UN Defensive, UN Offensive, CCF Intervention
and First UN Counteroffensive) while his was a member of the organization.
The 77th Artillery was credited with participating in two designated
campaign periods (Vietnam Counteroffensive Phase VI and TET 69
Counteroffensive) while the applicant was a member and that the unit was
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and
the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.
 The applicant campaign participation while in Korea should be reflect by
four bronze service stars on his Korean Service Medal (recorded as the
Korean Theater Ribbon).  His campaign participation in Vietnam should be
reflected by two bronze service stars on his Vietnam Service Medal.

8.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

9.  Prior to 1967, Army Regulation 635-5 provided for the recording of
awards and decorations earned during the period captured on the separation
document.  However, by 1967 all awards and decorations, which were earned
by an individual, not just those earned during the period of service
covered by the separation document, were to be recorded on the separation
document.

10.  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 award to eligible United States
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to the veterans.  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 or their surviving
next of kin.  To apply, veterans must provide a copy of their discharge
paper (Department of Defense 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 separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded two awards of the
Purple Heart as a result of wounds received in September 1950 and March
1951, and that he was also awarded a Bronze Star Medal.

2.  Although the applicant requested that his records be corrected to
reflect a fifth award of the Army Good Conduct Medal, that award was
already recorded on his 1970 separation document.

3.  The evidence also confirms that the applicant qualified as a
sharpshooter with the rifle and was awarded the associated badge and
component bar, that he was awarded two awards of the Army Commendation
Medal, that he is entitled to the United Nations Service Medal based on his
service in Korea as well as four bronze service stars on his Korean Service
Medal (incorrectly recorded as the Korean Theater Ribbon on his separation
document).

4.  The evidence shows that the applicant is also entitled to a Republic of
Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam
Civil Action Honor Medal First Class Unit Citation, and two bronze service
stars on his Vietnam Service Medal.

5.  In the interest of clarity, and because at the time the applicant was
discharged in 1970 his separation document should have reflected all of his
awards and decorations, rather than just those earned during a specific
period, it would be appropriate to issue a single Department of Defense
Form 215 (Correction to the Department of Defense Form 214) consolidating
all of the applicant’s awards and decorations on his final separation
document.  That form should also reflect the award granted as a result of
this Board’s action.

BOARD VOTE:

___JH___  ___BI___  ___YM __  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:

      a.  by issuing a single Department of Defense Form 215 reflecting all
of the awards and decorations received by the applicant during the course
of his military service; and


      b.  by including on that form entitlement to two Purple Hearts, a
Bronze Star Medal, two Army Commendation Medal, the United Nations Service
Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the
Republic of Vietnam Civil Action Honor Medal, four bronze service stars on
his Korean Service Medal, and two bronze service stars on his Vietnam
Service Medal.



                            ______ James Hise________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103242                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041019                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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