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ARMY | BCMR | CY2004 | 20040009935C070208
Original file (20040009935C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 AUGUST 2005
      DOCKET NUMBER:  AR20040009935


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 award of the Korea Defense Service Medal.

2.  The applicant states the award was recently approved for his period of
service in Korea.

3.  The applicant provides copies of documents reflecting his assignment
with the 1st Battle Group, 31st Infantry, a 7th Infantry Division unit in
Korea, and a copy of his DD Form 214 (Report of Separation from Active
Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Arkansas Army National Guard for 3 years
on    22 September 1955.  On 25 November 1957 he enlisted in the Regular
Army for 3 years.  He was honorably discharged in pay grade E-5 on 18
December 1958 in order to accept a commission.  His service record shows
that his conduct and efficiency as an enlisted Soldier were excellent.   He
was commissioned a Reserve second lieutenant on 19 December 1958.

2.  The applicant served in Korea from January 1959 to February 1960.  He
served in Vietnam with the Military Assistance Command Vietnam (MACV) as an
advisor to the 21st Infantry Division from May 1966 to May 1967,
participating in two campaigns.  The MACV was awarded the Meritorious Unit
Commendation for its actions while the applicant was assigned to that
organization.

3.  The applicant served a second tour of duty in Vietnam, first with
Headquarters and Headquarters Company, 1st Cavalry Division from June 1970
to April 1971.  That organization was awarded the Valorous Unit Award,
Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for its actions during his assignment.  From
October 1970 to April 1971 the applicant was assigned as the commanding
officer of the 191st Military Intelligence Company.  That unit was awarded
the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its
actions during his assignment.  He participated in two campaigns during
this tour of duty in Vietnam.

4.  The applicant was awarded the Legion of Merit prior to his retirement.
He retired on 20 June 1978 in the grade of lieutenant colonel with more
than          20 years of active federal service.

5.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal
but in so doing does not reflect the number of campaigns in which he
participated.  Except for one award of the Republic of Vietnam Gallantry
Cross with Unit Citation with Palm, his DD Form 214 does not show the other
unit awards to which he is entitled.  That form does not show award of the
Legion of Merit, other than the pen entry made on the copy that he
furnished with his request.

6.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  The period, however, must be more
than 1 year.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from January 1959 to February 1960.  He
is entitled to award of the Korea Defense Service Medal.

2.  The applicant is also entitled to the Valorous Unit Award, Meritorious
Unit Commendation, and two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm (vice the one award shown).

3.  The applicant participated in four campaigns during his two tours of
duty in Vietnam.  He is entitled to award of the Vietnam Service Medal with
four bronze service stars (one for each campaign).

4.  The applicant was awarded the Legion of Merit.  That award should be
reflected on his DD Form 214.

5.  The applicant’s service record shows that his conduct and efficiency
during his enlisted service were excellent.  He served his country
faithfully and honorably as an enlisted Soldier.  The applicant is entitled
to award of the Army Good Conduct Medal.

BOARD VOTE:

__KN ___  __WP___  __MT ___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of the Korea Defense Service Medal, Valorous Unit Award,
Meritorious Unit Commendation, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, Vietnam Service Medal with four
bronze service stars, Legion of Merit, and Army Good Conduct Medal.




                            ______Kathleen Newman________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009935                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|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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