RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JULY 2005
      DOCKET NUMBER:  AR20040010351


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Lawrence Foster               |     |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 China Service Medal and the Korea Defense Service Medal.

2.  The applicant states that he was in Taiwan (Formosa) and in Korea.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record), copies of orders, and a copy of an identification card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1975.  The application submitted in this case
is dated     12 November 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 served in the Army for over 20 years and retired on 31
August 1975 with the rank of sergeant major.

4.  His enlisted qualification record shows that he served in Formosa from
August 1956 to November 1957, in Korea from September 1961 to December
1961, in Vietnam from December 1961 to November 1962, in Turkey from
January 1965 to December 1965, in Taiwan from March 1967 to December 1968,
in Vietnam again from May 1969 to May 1970, and in Germany from June 1970
to June 1973.

5.  During his first tour of duty in Vietnam, he served with the 3d Radio
Research Unit (RRU).  He participated in the Vietnam Advisory Campaign and
the 3d RRU was awarded the Meritorious Unit Commendation for its actions
during his assignment to that unit.

6.  During his second tour of duty in Vietnam, he served with the 374th
RRU.  He participated in four campaigns and the 374th RRU received two
awards of the Meritorious Unit Commendation and three awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions
while he was assigned to that unit.

7.  The applicant was awarded the Meritorious Service Medal (first oak leaf
cluster) by the United States Army Security Agency on 1 December 1975 for
his meritorious service from 26 August 1974 to 1 September 1975.  That
award is not reflected on his 31 August 1975 DD Form 214 (Report of
Separation).

8.  The applicant was awarded the National Defense Service Medal.  That
award is shown on his 9 August 1970 DD Form 214, but not reflected on his
31 August 1975 DD Form 214.

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and
administrative instructions concerning awards, to include Department of
Defense awards, and lists the various awards authorized.  That regulation,
however, does not show an award, “China Service Medal.”  There is no such
award.

10.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A silver star is worn instead of five bronze
service stars.

11.  Human Resources Command 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 September 1961 to December 1961.  He
is entitled to award of the Korea Defense Service Medal.

2.  The applicant served 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 is entitled to three awards of the Meritorious Unit
Commendation.

4.  The applicant is entitled to three awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.

5.  The applicant was awarded the Meritorious Service Medal (first oak leaf
cluster), which should be reflected on his 31 August 1975 DD Form 214.

6.  The award of the National Defense Service Medal should be shown on his
   31 August 1975 DD Form 214.

7.  There is no such award depicted as the “China Service Medal;”
consequently, his request for a nonexistent award cannot be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TK __  ___JM __  ___LF___  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 the applicant’s 31 August
1975 DD Form 214 be corrected by showing award of the Korea Defense Service
Medal, Vietnam Service Medal with one silver service star, three awards of
the Meritorious Unit Commendation, three awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, award of the Meritorious Service
Medal (first oak leaf cluster), and award of the National Defense Service
Medal.

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
award of the “China Service Medal.”




                            ______Ted Kanamine_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010351                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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