RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2005
      DOCKET NUMBER:  AR2004105294


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Meritorious Unit Citation and the Korean Defense Service Medal.

2.  The applicant states that he served with the 74th Signal Company and is
entitled to award of the Meritorious Unit Citation [Commendation].

3.  The applicant states that he served in Korea and is entitled to award
of the Korean Defense Service Medal.

4.  The applicant provides a copy of DA Form 10-195 (Individual Clothing
Record) issued by the 74th Signal Company and showing that he was assigned
to that unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1964, the date of his discharge.  The application
submitted in this case is dated 4 March 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 enlisted in the Regular Army for 3 years on 1 August
1961.  His DA Form 24 (Service Record) shows that he received Basic Combat
Training at Fort Knox, Kentucky and Advanced Individual Training at Fort
Gordon, Georgia.  He was awarded military occupational specialty (MOS)
293.10, Field Radio Relay and Carrier Operator.

4.  The applicant's first permanent duty assignment was in the Republic of
Korea from 9 January 1962 to 2 January 1963.  He served with Company A,
127th Signal Battalion and Company B, Eighth US Army Signal Battalion.

5.  After returning to the United States on 21 January 1963, the applicant
was assigned to Fort Knox and the 74th Signal Company.  He served in this
unit until separated on 31 July 1964 with an honorable discharge.  The
applicant's DA Form 24 shows that he received excellent conduct and
efficiency ratings throughout his military service.

6.  The applicant's DD Form 214 shows the following awards and decorations
in Item 26:  Letter of Commendation, and Good Conduct Medal.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II and the Korean War.  This document shows the 74th
Signal Company was cited for award of the Meritorious Unit Commendation for
the period 15 August 1944 to15 October 1944 by General Order Number 40,
Headquarters, 7th US Army, dated 7 February 1945.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) states, in pertinent part, that the Meritorious Unit Commendation
is authorized for permanent wear by an individual who was assigned and
present for duty with the unit at any time during the period cited or who
was attached to and present for duty with the unit for at least 30
consecutive days of the period cited.  It also provides that an individual
who was not present with a unit during the period cited for permanent wear
of a unit award may be authorized temporary wear [emphasis added] only for
the duration of assignment to the unit.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part, the National Defense Service Medal (NDSM) is
awarded for honorable active service for any period between 1 January 1961
and 14 August 1974.

10.  The 2003 National Defense Authorization Act authorized award of the
Korean Defense Service Medal to members of the Armed Forces who served on
active duty in support of the Republic of Korea from 28 July 1954 to a date
to be determined.  To be eligible, a Soldier must have been assigned or
attached to a unit operating in Korea for 30 consecutive, or 60
nonconsecutive days.  Veterans are required to submit requests for the
Korean Defense Service Medal to the National Personnel Records Center
(NPRC), St. Louis, Missouri.

11.  The applicant's records show that he made application to the NPRC
requesting the Korean Defense Service Medal.  On 27 February 2004, the NPRC
notified the applicant that they had no authority to review and approve
amendments or corrections to military records and advised the applicant to
apply to this Board.

DISCUSSION AND CONCLUSIONS:

1.  The 74th Signal Company was awarded the Meritorious Unit Commendation
for outstanding wartime service during the period 15 August 1944 to15
October 1944.  The applicant was not in the military during that period and
did not serve with the unit during the cited period; his is not authorized
permanent wear of the award.  During his assignment to the 74th Signal
Company from 21 February 1963 to 31 July 1964, he was authorized temporary
wear of the Meritorious Unit Commendation.

2.  The applicant served on active duty from 1 August 1961 to 31 July 1964,
a period during which the National Defense Service Medal was authorized.
He is entitled to have that award shown on his DD Form 214.

3.  The applicant served in the Republic of Korea from 9 January 1962 to
2 January 1963.  The newly created Korean Defense Service Medal is
authorized for service in Korea from 28 July 1954 to a future date.
Instructions require veterans to request the Korean Defense Service Medal
from the NPRC, not from this Board.  However, the applicant did make such
application to the NPRC and was referred to the Army Board for Correction
of Military Records.  In order to avoid needless bureaucratic wrangling and
to provide proper service to a deserving veteran, the Board has reviewed
the applicant's service records and established his entitlement to the new
Korean Defense Service Medal.  This decoration should be added to his DD
Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __jtm___  __cak___  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 showing that he was
awarded the National Defense Service Medal and the Korean 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 Meritorious Unit Commendation.



                                  Linda D. Simmons
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105294                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0034                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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