RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 September 2005
      DOCKET NUMBER:  AR20040010822


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Glider Badge and all awards related to his service in the Korean War.  In
addition, the applicant requests correction of Item 22c (Foreign and/or Sea
Service) of his DD Form 214.

2.  The applicant states, in effect, that he did not receive a DD Form 214
when he reenlisted in 1955 and, as such, does not have a record of the
Glider Badge and Korean War awards.  He desires to bring his military
records up to date.

3.  The applicant provides a copy of a Certificate of Completion from the
Infantry School, Fort Benning, Georgia, dated 25 January 1949, announcing
his qualification as a Parachutist and Gliderman.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 December 1967.  The application submitted in this case is
dated 20 December 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 records show that he enlisted in the Regular Army on
13 January 1947.  He remained on active duty, through a series of
reenlistments, until 31 December 1967, when he was honorably separated in
pay grade E-7 and placed on the retired list the following day.  He served
in a variety of assignments in the continental United States and overseas.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s final DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge),
dated 31 December 1967, shows he is entitled to the following awards: the
Good
Conduct Medal (Sixth Award), the National Defense Service Medal “w/1st
OLC;” the Vietnam Service Medal; the Combat Medical Badge (Second Award);
the Bronze Star Medal; and, the Army Commendation Medal.  No other awards
or decorations are listed.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time,
provided that all decorations, medals, badges, citations and campaign
ribbons awarded or authorized would be listed on an individual’s DD Form
214.

6.  Section 22 (Duty for Which Additional Pay is Authorized, Including
Flying, Glider, Qualification in Arms, Sea Duty, Diving, Parachute, Etc.)
of the applicant’s DA Form 24 (Service Record) shows that he received
parachute/glider pay during the period 6 December 1948 to 23 November 1951.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that award of the Glider Badge was discontinued effective 3 May 1961.  The
regulation authorizes wear of the Glider Badge if the individual met the
eligibility requirements then in effect.  The regulation also provides for
award of the Glider Badge retroactively when it can be established by means
of sufficient documentation that the proficiency tests then prescribed were
satisfactorily completed while the individual was assigned or attached to
an airborne unit, or to the Airborne Department of the Infantry School, or
by participating in at least one combat glider landing into enemy-held
territory as a member of an organized force carrying out an assigned
tactical mission for which the unit was credited with an airborne assault
landing by the theater commander.

8.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

9.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20
(Enlisted Qualification Record) shows that he received the following
awards, which are not entered on his final DD Form 214: the United Nations
Service Medal; the Korean Service Medal; the Army of Occupation Medal with
Japan Clasp; the Meritorious Unit Commendation; the Republic of Korea
Presidential Unit Citation; the Republic of Vietnam Campaign Medal with
Device (1960); and, the Expert Marksmanship Badge with Rifle Bar.

10.  The applicant’s records show that he served in Korea from 26 May 1950
to 9 October 1951.  The records also show that he served in Vietnam with
Headquarters and Headquarters Company, 2d Battalion, 16th Infantry from
4 June 1966 to 25 May 1967.

11.  Army Regulation 600-8-22, 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.  The regulation also
provides that a silver service star will be worn instead of five bronze
service stars.

12.  Item 39 (Campaigns) of the applicant’s DA Form 20 shows that he served
in the following Korean War campaigns: UN Defensive; UN Offensive; CCF
Intervention; First UN Counteroffensive; CCF Spring Offensive; and, UN
Summer-Fall Offensive.

13.  Appendix B of Army Regulation 600-8-22 shows the applicant is entitled
to wear one bronze service star for each the following Vietnam campaigns:
Vietnam Counteroffensive; and, Vietnam Counteroffensive Phase II.

14.  Army Regulation 600-8-22, in pertinent part, provides that a bronze
service star will be worn to denote additional awards of the National
Defense Service Medal.

15.  The applicant’s records show that he was in Germany on 16 January
1965, the effective date of his final enlistment.  He deployed directly to
Vietnam from Germany on 4 June 1966.  The applicant left Vietnam on 25 May
1967 and arrived in the continental United States the following day.  Thus,
the total amount of overseas service during the period covered by his final
DD Form is 2 years, 4 months, and 11 days; and, the last overseas theater
in which service was performed was United Sates Army, Pacific (USARPAC).

16.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant’s separation, provides guidance for completion of the DD Form
214.  Paragraph 51b of the regulation states that, in Item 22c for enlisted
personnel: “Enter total active duty outside continental limits of the
United States for the period covered by the DD Form 214 and the last
oversea theater in which service was performed, e.g., ‘Foreign and/or Sea
Service (USAREUR)’.”

17.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

18.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant qualified as a parachutist and
gliderman on 25 January 1949.  Further evidence shows that he received
parachute/glider pay.  Therefore, he is entitled to the Parachutist Badge
and the Glider Badge and correction of his DD Form 214 to show these
special skill badges.

2.  Evidence of record shows the applicant received the following awards:
the United Nations Service Medal; the Korean Service Medal; the Army of
Occupation Medal with Japan Clasp; the Meritorious Unit Commendation; the
Republic of Korea Presidential Unit Citation; the Republic of Vietnam
Campaign Medal with Device (1960); and, the Expert Marksmanship Badge with
Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to
show these awards.

3.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  Evidence of record shows the applicant received the Korean Service
Medal and participated in six campaigns.  As a result, he is entitled to
award of one silver and one bronze service star, to be affixed to the
Korean Service Medal, and correction of his records to show these
appurtenances.

6.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in two campaigns.  As a result, he is entitled to
award of two bronze service stars, to be affixed to the Vietnam Service
Medal, and correction of his records to show these appurtenances.

7.  Evidence of record shows the applicant is entitled to a second award of
the National Defense Service Medal.  His final DD Form 214, dated 31
December 1967 shows he is entitled to the National Defense Service Medal
“with 1st OLC.” Since this is clearly an administrative error, it would be
appropriate to correct the error at this time to show award of the National
Dense Service Medal with one bronze service star, denoting a second award
of the National Defense Service Medal.

8.  The total overseas service shown in Item 22c (Foreign and/or Sea
Service) of the applicant’s final DD Form 214 is correct.  However, the
last overseas theater in which service was performed is missing.
Therefore, Item 22c should be corrected to show service in USARPAC.

BOARD VOTE:

___le____  ___lgh  _  ___pms__  GRANT 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 the all Department of the Army records of
the individual concerned be corrected by issuing a DD Form 215 (Correction
to DD Form 214, Certificate of Release or Discharge from Active Duty) by:

1.  Correcting Item 24 of the individual’s DD Form 214, dated 31 December
1967, to show award of:

      a. the Parachutist Badge;


      b. the Glider Badge;


      c. the Korean Service Medal;


      d. the Army of Occupation Medal with Japan Clasp;


      e. the Meritorious Unit Commendation;


      f. the Republic of Korea Presidential Unit Citation;


      g. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;


      h. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;
      i. one silver, and one bronze, service star, to be affixed to the
Korean Service Medal;


      j. two bronze service stars, to be affixed to the Vietnam Service
Medal; and,
      k. the National Defense Service Medal with one bronze service star.


2.  Correcting Item 22c of the individual’s DD Form 214, dated 31 December
1967, by adding (USARPAC).




            _________Lester Echols_____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010822                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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