RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2005
      DOCKET NUMBER:  AR20040007357


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Stanley Kelley                |     |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 he be awarded the Korean Defense Service
Medal.  The applicant also requests that the American Defense Service Medal
be removed from his records.

2.  The applicant states he wants to "add the Korean Defense Service Medal
to (his) service record (DD 214).  He also states that the American Defense
Service Medal was issued in error and that "he was not in the Army at the
time it was issued."

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an effective date of 31 August 1969;
two letters from the National Personnel Records Center in St. Louis,
Missouri, dated 25 February 2004 and 14 September 2004; and an article from
the magazine Army Echoes, dated May-Aug 2004

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1969, the date he retired from active duty.  The
application submitted in this case is dated 21 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’s military personnel files are not complete, therefore,
some documents are not available to the Board.  This case is being
considered using documents submitted by the applicant and available records
contained in the applicant's military personnel file.

4.  The applicant entered active duty on 4 February 1948.  The applicant
served tours of duty in Germany, Korea, and Vietnam.  He retired from
active duty on 31 August 1969.

5.  The applicant's records contain four DD Forms 214 which covers the time
periods of 4 February 1948 through13 February 1951, 19 January 1957 through
21 April 1964, 22 April 1964 through 21 April 1967, and 22 April 1967
through 31 August 1969.

6.  The applicant's records contain a DA Form 20 (Enlisted Qualification
Record). Item 38 (Record of Assignments) of this form shows the applicant
served on active duty from 4 February 1948 through 31 August 1969.

7.  Item 31 (Foreign Service) of the DA Form 20 shows the entries "From
31Aug59 [31 August 1959] Through 8Sep60 [8 September 1960] USARPAC Korea"
and "From 11Oct64 [11 October 1964] Through 24Oct65 [24 October 1965]
USARPAC Korea."

8.  Review of the applicant's records indicates he is entitled to
additional awards not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.

10.  Department of the Army Pamphlet 672-3 lists campaigns participated by
units during the Vietnam War.  This document shows that, at the time of the
applicant's assignment to Company B, 1st Battalion, 35th Infantry of the
4th Infantry Division, it participated in the Vietnam Counteroffensive
Phase V.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

12.  Army Human Resources Command Message, dated 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.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Service Medal for service within the American Theater
between 8 September 1939 and 7 December 1941 under orders to active duty
for a period of 12 months or longer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Korean
Defense Service Medal.

2.  The applicant is entitled to the award of the Korean Defense Service
Medal based on completion of a period of qualifying service in Korea from
31 August 1959 through 8 September 1960.  Therefore, he is entitled to
correction of his records to show this award.

3.  The applicant contends that the American Defense Service Medal should
be removed from his records.

4.  The American Defense Service Medal is awarded for service prior to
7 December 1941.  The applicant's military career commenced on 4 February
1948.  Therefore, the applicant could not have completed qualifying service
for award of the American Defense Service Medal.  As a result, the American
Defense Service Medal should be removed from his records.

5.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his DD Form 214, with an effective date of 31
August 1969, to show this foreign unit award.

6.  Records show the applicant participated in one campaign during his
service in the Vietnam War.  Therefore, he is entitled to award of one
bronze service star to be worn on his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1969; therefore the time for
the applicant to file a request for correction of any error or injustice
expired on 30 August 1972.  The applicant did not file within the 3-year
statute of limitations, however, the applicant has satisfactorily
demonstrated through submission of relevant evidence that it would be in
the interest of justice to excuse failure to timely file.

BOARD VOTE:

__JS___  ___SK___  ___SLP__  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 Korean Defense
Service Medal, award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, award of one bronze service star to be worn on the
applicant's Vietnam Service Medal and removal of the American Defense
Service Medal from his records.




                            ____John Slone___________
                                      CHAIRPERSON

INDEX

|CASE ID                 |AR20040007357                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0070.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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