RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 September 2004
      DOCKET NUMBER:  AR2004102667


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Melvin H. Meyer               |     |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, in effect, that his final separation document
(DD Form 214), dated 20 January 1970, be corrected to reflect 1 year and 7
months of Vietnam service in Item 22c (Foreign and or Sea Service) and by
including all his authorized awards in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized).

2.  The applicant states, in effect, that the amount of Vietnam service
reflected in Item 22c should be 1 year and 7 months as opposed to 1 month
and 27 days as is listed.  He also claims that his awards and decorations
are missing from
Item 24.

3.  The applicant provides the following documents in support of his
application:  DD Form 214, dated 20 January 1970; Enlisted Qualification
Record (DA Form 20); and Headquarters, 1st Logistical Command, Republic of
Vietnam (RVN) General Orders (GO) Number 887, dated 3 October 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 January 1970.  The application submitted in this case
is dated
12 January 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 record confirms that on 20 January 1970, he was
honorably released from active duty (REFRAD) for the purpose of permanent
disability retirement.  At the time, he had completed a total of 20 years,
3 months and
28 days of active military service.  His DA Form 20 confirms he served in
combat in Korea between October 1950 and October 1951.  It also confirms he
served in the RVN from 1 March 1967 through 10 October 1969.
4.  Item 39 (Campaigns) of the applicant’s DA Form 20 shows he was
credited with participating in the following five campaigns in Korea:  UN
Offensive; CCF Intervention; First UN Counteroffensive; CCF Spring
Offensive; and UN Summer-Fall Offensive.  It also shows he was credited
with participating in the following five campaigns in the RVN:
Counteroffensive Phase II; Counteroffensive Phase III; TET
Counteroffensive; Counteroffensive Phase IV; and Counteroffensive Phase V.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his tenure on active duty:  National
Defense Service Medal (NDSM) 1st Oak Leaf Cluster; Combat Infantryman Badge
(CIB); Korean Service Medal (KSM); United Nations Service Medal (UNSM);
Purple Heart (PH); Army of Occupation Medal (AOM) with Germany Clasp; Army
Good Conduct Medal (5th Award); Vietnam Service Medal (VSM); RVN Campaign
Medal (RVNCM) with 60 Device; BSM with 1st Oak Leaf Cluster; Driver and
Mechanic Badge with Driver W Bar; Expert Qualification Badge with Pistol
and Machine Gun Bars; Sharpshooter Qualification Badge with Rifle Bar; and
Marksman Qualification Badge with Carbine Bar.

6.  The DD Form 214 issued to the applicant upon his REFRAD for disability
retirement on 20 January 1970 indicates, in Item 22c, that he completed 1
month and 27 days of overseas service in Vietnam during the period of
service covered by the separation document.  Item 24 shows that during the
period of active duty service documented by the DD Form 214, the applicant
earned only the
NDSM 1st Oak Leaf Cluster.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 6 April
1990, published by the Army Reserve Personnel Center, St. Louis, Missouri,
authorized the issue of the following awards to the applicant based on a
review of his record: PH; AGCM; Meritorious Unit Emblem; AOM with Germany
Clasp; NDSM with
1st Oak Leaf Cluster; KSM with 1 silver service star; VSM with 1 silver
service star; CIB; UNSM; RVNCM with 1960 Device; RVN Gallantry Cross with
Palm Unit Citation; Republic of Korea Presidential Unit Citation; Driver
and Mechanic Badge with Driver W Bar; Expert Qualification Badge with
Machine Gun Bar; Sharpshooter Qualification Badge with Rifle Bar; and
Marksman Qualification Badge with Carbine Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards. Paragraph 2-10 contains
guidance on award of the NDSM.  It states, in pertinent part, that to
signify receipt of a second or subsequent award of the NDSM, a bronze
service star will be worn on the service ribbon.
9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM.  It states, in pertinent part, that a bronze service star is
authorized for each RVN campaign credited and 1 silver service star is used
in lieu of 5 bronze service stars.

10.  Paragraph 5-8 of the awards regulation contains guidance on award of
the KSM.  It states, in pertinent part, that a bronze service star is
authorized for each Korean campaign credited and 1 silver service star is
used in lieu of 5 bronze service stars.

11.  Paragraph 9-25 of the same regulation contains guidance on award of
the Republic of Korea Presidential Unit Citation.  It states that it is
awarded by the Korean government, and not more than award will be worn any
individual and no oak leaf cluster or other appurtenance is authorized.
This award was authorized for service in Korea from 27 June 1950 through 27
July 1953.

12.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

13.  Army Regulation 635-5 prescribes the separation documents that must be
prepared for soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Chapter 2 contains
specific entry instructions for the DD Form 214.  It states, in pertinent
part, that all awards and decorations for all periods of service will be
listed in the Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized portion of the separation document.

14.  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.
15.  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.  In order to apply, the applicant
should submit a copy of his 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.  Once the Korean War Service Medal has been
authorized by the Department of the Air Force, the applicant may apply to
this Board to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in the RVN
from
1 March 1967 through 10 October 1969.  As a result, he completed 1 year,
1 month and 27 days of Vietnam service during the period of active duty
service documented in his 20 January 1970 DD Form 214.  Therefore, it would
be appropriate to correct the Item 22c entry accordingly.

2.  Under the current regulatory guidance, all awards earned for all
periods of service will be included in the list of authorized awards
entered on the DD Form 214.  Therefore, it would appropriate and serve the
interest of equity to add all of the applicant’s awards to his final DD
Form 214.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_JNS____  _FE ____  __MHM _  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 amending his 20 January
1970 DD Form 214 as follows:

      a.  Item 22c (Foreign and or Sea Service) - delete the current entry
and replace it with the entry “Vietnam -1 year, 1 month and 27 days;


      b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) - delete the current entry and
replace it with the entry “Bronze Star Medal with 1st Oak Leaf Cluster,
Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal (5th
Award), Meritorious Unit Emblem, Army of Occupation Medal with Germany
Clasp, National Defense Service Medal with 1 bronze service star, Korean
Service Medal with 1 silver service star; Vietnam Service Medal with 1
silver service star; Republic of Vietnam Campaign Medal with 1960 Device;
United Nations Service Medal; Republic of Vietnam Gallantry Cross with Palm
Unit Citation; Republic of Korea Presidential Unit Citation; Driver and
Mechanic Badge with Driver W Bar; Expert Qualification Badge with Machine
Gun Bar; Sharpshooter Qualification Badge with Rifle Bar; and Marksman
Qualification Badge with Carbine Bar.”; and


      c.  providing him a corrected separation document that reflects these
changes.

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
Vietnam service credit in excess of that granted in paragraph 1 above.




            ____JOHN N. SLONE  _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102667                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/01/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Disability Retirement                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]