RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 July 2005
      DOCKET NUMBER:  AR20040010698


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 the Korea Defense Service Medal and the
Army of Occupation Medal with Germany Clasp be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he earned his medals fighting for his
country.

3.  The applicant provides a copy of his DD Form 214 for the period ending
1 March 1965; a letter authorizing award of the Soldier's Medal; his
citation for the Soldier's Medal; his Honorable Discharge Certificate from
the U.S. Army Reserve; and his Certificate of Recognition for service
during the period of the Cold War.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
1 March 1965.  The application submitted in this case is dated 18 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 was inducted into the Army on 7 December 1960 and was
discharged on 23 February 1961 for the purpose of immediate enlistment in
the Regular Army.  He completed basic combat training and advanced
individual training.

4.  He was assigned to Korea on 25 July 1961 as an electrician.  He was
later reclassified in military occupational specialty (MOS) 911.10 (Medical
Specialist).  He departed Korea on 13 November 1962.

5.  The applicant's DA Form 24 (Service Record) shows he was reassigned to
Frankfurt, Germany on 6 December 1962.  He departed Germany in January
1965.

6.  The applicant was honorably released from active duty on 1 March 1965
and he was transferred to the U.S. Army Reserve to complete his Reserve
obligation.

7.  His DD Form 214 for the period ending 1 March 1965 does not list any
awards in item 26 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).

8.  Headquarters, Department of the Army General Orders Number 35 dated
27 October 1965 awarded the applicant the Soldier's Medal for heroism not
involving actual conflict with an enemy on 27 July 1964.

9.  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.

10.  The Army of Occupation Medal with Germany Clasp is for authorized for
service in the Army of Occupation of Berlin between 9 May 1945 and 2
October 1990.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served a period of qualifying service
in Korea for award of the Korea Defense Service Medal.

2.  There is insufficient evidence on which to verify the applicant was
assigned to Berlin during his tour in Germany.  Therefore, he has not met
the requirements for award of the Army of Occupation Medal with Germany
Clasp.

3.  General orders show the applicant was awarded the Soldier's Medal for
heroism on 27 July 1964.

4.  The evidence of record shows the applicant completed a period of
honorable service from 23 February 1961 to 1 March 1965.  Therefore, he met
the eligibility criteria for award of the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

RJO_____  JI______  BK______  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 adding the Korea
Defense Service Medal, the Soldier's Medal, and the National Defense
Service Medal to his DD Form 214 for the period ending 1 March 1965.

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 Army of Occupation Medal with Germany Clasp.




                            John Infante__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010698                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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