RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          24 February 2005
      DOCKET NUMBER:  AR20040001945


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |M                                 |     |Chairperson          |
|     |M                                 |     |Member               |
|     |M                                 |     |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, in effect, correction of his separation
document
(DD Form 214) by including all awards to which he is entitled and by
documenting his overseas service in Vietnam, Korea and Okinawa.

2.  The applicant states, in effect, that his overseas service is not
properly reflected on his DD Form 214 and that it does not credit him with
all the overseas service he completed.  He further states that he has not
been issued the Korean Defense Medal and that the airborne school is not
listed on his separation document.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement, DA Form 1577 (Authorization for
Issuance of Awards), Airborne Training Assignment Orders, Hazardous Duty
(Parachutist) Orders, Korea Assignment Orders, and Hostile Fire Pay Orders.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 3 June 1971.  The application submitted in this case was
received on 24 May 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 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 active duty service records were not made available to
the Board.  The Personnel Qualification Record (DA Form 2-1) provided was
prepared on 3 June 1990, while he was a member of the United States Army
Reserve.  Item 5 (Overseas Service) contains entries indicating the
applicant served in Korea from July 1969 through June 1970, Vietnam from
August 1970 through January 1971 and Okinawa from January 1971 through June
1971.

4.  A partially legible DD Form 214 that was prepared on the applicant upon
his separation from active duty on 3 June 1971 is contained in the record
provided.  It shows that the applicant enlisted in the Regular Army and
entered active duty on 10 June 1068.  It also shows that he was trained in
and served in military occupational specialty (MOS) 11BP (Infantryman-
Parachutist).

5.  Item 22c (Foreign Service) of the applicant’s DD Form 214 indicates he
completed 1 year and 9 months of overseas service in the United States Army
Pacific (USARPAC).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he earned the National Defense Service Medal, Vietnam Service Medal
and Vietnam Campaign Medal.  Item 25 (Education and Training Completed)
contains an entry indicating the applicant completed the Light Weapons
Infantryman (11B) Course at Fort Polk, Louisiana.

7.  Item 30 (Remarks) of the applicant’s DD Form 214 contains an entry
indicating that he served in the Republic of Vietnam (RVN) from 17 August
1970 through 2 January 1971.

8.  On 25 March 1982, the Reserve Component Personnel and Administration
Center (RCPAC) issued the applicant a correction to this DD Form 214 (DD
Form 215) that added the Parachutist Badge, Armed Forces Expeditionary
Medal
and Combat Infantryman Badge to Item 24 of the applicant’s 3 June 1971
DD Form 214.

9.  On 5 December 1994, a second correction to the applicant’s DD Form 214
(DD Form 215) was issued.  This document added the Noncommissioned Officer
Professional Development Ribbon with Numeral 3 to Item 24 of his 3 June
1971 separation document.

10.  On 15 March 1993, the Army Reserve Personnel Center (ARPERCEN)
authorized the issuance of the following awards to the applicant:  Army
Good Conduct Medal, National Defense Service Medal, Armed Forces
Expeditionary Medal-Korea, Vietnam Service Medal with 1 bronze service
star, Army Service Ribbon, Overseas Service Ribbon, Combat Infantryman
Badge, Republic of Campaign Medal with 60 Device, Parachutist Badge and
Expert Qualification Badge with Rifle and Pistol Bars.  This document also
indicated the applicant was authorized the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.
11.  The applicant provides a copy of Headquarters, United States Army
Training Center, Infantry (USATC-I) and Fort Polk Special Orders Number
314, dated
12 December 1968.  These orders assigned the applicant to a student
training battalion at Fort Benning, Georgia to attend the basic airborne
course.  USATC-I Special Orders Number 28, dated 3 February 1969, awarded
the applicant the Parachutist Badge and the special qualification
identifier “P” (Parachutist).  He also provides orders confirming his
assignment to Korea and Vietnam.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that are issued to individuals who are retired, discharged or
released from active duty.  The regulation also contains guidance on
preparation of the
DD Form 214.  The regulation in effect at the time of the applicant’s
release from active duty specified that the entry in Item 22c would be the
total active duty service outside the continental United States for the
period covered by the
DD Form 214 and the last overseas theater in which service was performed.

13.  The separation documents regulation in effect at the time specified
that the Item 24 entry would include all awards awarded or authorized as
taken from the Enlisted Qualification Record (DA Form 20).  The
instructions for Item 25 stated to enter all service schools, including
major courses which were successfully completed, and military sponsored
courses completed in civilian schools and colleges during the period
covered by the DD Form 214.  The regulation also provided for recording
Indochina and Korea service in Item 30.  It stated, in pertinent part, that
Indochina and Korea service would be recorded by indicating yes or no, for
example Korea-Yes.  It further stated that Vietnam service would be
recorded by using inclusive dates of service, for example “RVN:  1 August
1968 through 31 July 1969.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on award of the Vietnam Service Medal
and it states, in pertinent part, that a bronze service star is authorized
with this award for each campaign a member is credited with participating
in while serving in the RVN.  Table B-1 contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the Vietnam Counteroffensive Phase VII
campaign.

15.  Paragraphs 5-4 and 5-5 of the awards regulation contains guidance on
the Overseas Service Ribbon and Army Service Ribbon.  The regulation
stipulates that these awards were established on 10 April 1981 and awarded
to members of the U.S. Army for successful completion of initial entry
training.  The effective date for the award was 1 August 1981 and the
ribbon could be awarded retroactively to all members of the Active Army,
Army National Guard, and U.S. Army Reserve in an active Reserve status are
eligible for this award provided they had an Active Army status on or after
1 August 1981.

16.  Paragraph 5-6 of the awards regulation contains guidance on the
Noncommissioned Officer Professional Development Ribbon.  It states this
award was established to established by the Secretary of the Army on 10
April 1981.  It is awarded to members of Active Army, ARNG, and USAR
soldiers for successful completion of designated NCO professional
development courses.

17.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

18.  Requests for award of the KDSM to veterans, retirees, or their
next of kin will be submitted to the National Personnel Records Center
(NPRC), www.archives.gov, in St. Louis, Missouri.  NPRC’s  address is:
National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri
63132-5100.  Requests will include documents supporting service in Korea
from 28 July 1954 to a date to be determined.  NPRC will add the KDSM to
DD Form 214 by issuing a DD Form 215.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Item 24, Item 25 and Item 30 of his
separation document were in error was carefully considered and found to
have partial merit. The evidence of record confirms the applicant completed
the basic airborne course at Fort Benning, Georgia and was awarded the
Parachutist Badge on
3 February 1969.  Thus, it would be appropriate to add the entry “Basic
Airborne Course, Fort Benning, Georgia, February 1969” to Item 25 of the
applicant’s
3 June 1971 separation document.

2.  Further, the applicant’s DD Form 214 accurately reflects his total
overseas service of 1 year and 9 months and the theater in which he last
served overseas, USARPAC (Okinawa), in Item 22c.  Item 30 already documents
his Vietnam service with the entry “RVN:  17 Aug 70 - 2 Jan 71”.  However,
it does not contain an entry verifying his Korea service.  Therefore, it
would be appropriate to add the entry “Korea-Yes” to Item 30.

3.  Item 24 of the applicant’s DD Form 214, as amended in the two DD Forms
215 he was issued, includes all the awards he was entitled to at the time
the separation document was issued, with the exception of the Republic of
Vietnam Gallantry Cross with Palm.  Therefore, it would be appropriate to
add this award to his separation document at this time.

4.  The applicant is advised that his 3 August 1971 DD Form 214 should
reflect the awards he had earned through that point in his career.  It is
not appropriate to add awards he earned during his subsequent Reserve
Component service to his 3 June 1971 DD Form 214 unless the authorization
for the awards in question provided retroactive provisions.  Retroactive
provisions were not provided for the Army Service Ribbon, Overseas Service
Ribbon and Noncommissioned Officer Professional Development Ribbon.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___YM__  ___RJW _  ___JKR     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 amending his 3 June
1971 DD Form 214 as follows:

      a.  Item 24 - delete the current list of awards, as amended, and
replace it with the following list of awards:  Army Good Conduct Medal,
National Defense Service Medal, Parachutist Badge, Armed Forces
Expeditionary Medal-Korea, Combat Infantryman Badge, Vietnam Service Medal
with 1 bronze service star, Republic of Vietnam Campaign Medal with 60
Device, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.


      b.  Item 25 - add the entry “Basic Airborne Course, Fort Benning,
Georgia, February 1969”;


      c.  Item 30 - add the entry “Korea-Yes”; and


      d.  by providing him a corrected separation document that reflects
these changes.


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
the addition of awards he earned subsequent to his 3 June 1971 separation
for which there are no regulatory retroactive provisions.




            ____Ronald J. Weaver________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040001945                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/06/03                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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