RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             DECEMBER 9, 2004
      DOCKET NUMBER:     AR2004105903


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 he be awarded the Korea Defense
Service Medal and any other medals, etc. for which he qualifies.  The
applicant also requests that his permanent pay grade be changed to SP3
(Specialist 3), as opposed to the currently shown PFC (Private First
Class).

2.  The applicant states, in effect, that he served a total of 74 months in
the Army Reserve, in addition to 1 year and 10 months active duty service.

3.  The applicant provides a copy of his DD Form 256A, Honorable Discharge
Certificate; a copy of AGCC-R, Letter Orders, Subject:  Discharge from
United States Army Reserve, with an effective date of 28 February 1963; a
copy of portions of two DA Forms 24, Service Record; and a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 June 1958.  The application submitted in this case is dated
15 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 has requested correction of his records to show award of
the Korean Defense Service Medal.  Human Resources Command message, dated 9
February 2004, provided instructions for award of the Korean Defense
Service Medal.  Specifically, Soldiers who are discharged or retired must
apply to the National Personnel Records Center for this award.  The
applicant has been notified by separate correspondence of the appropriate
application procedures for this award.  Therefore, award of the Korean
Defense Service Medal will not be discussed further in these Proceedings.

4.  The applicant's records show that he enlisted in the US Army Reserve,
on 3 March 1955.  The applicant was ordered to active duty on 6 September
1956
and was honorably released from active duty, on 25 June 1958.  He was
returned to the Army Reserve to complete his remaining service obligation
of 4 years and 8 months.  On his release from active duty, he had 1 year, 9
months, and 20 days, active duty service and 1 year, 6 months, and 3 days,
other service.

5.  On 11 February 1957, the applicant was ordered to Korea.  He arrived
there on 1 March 1957.  The applicant departed Korea to return to the
United States on 6 June 1958.  He arrived in San Francisco, California, on
19 June 1958.

6.  While he served in Korea, the applicant was assigned to the following
units:  Headquarters Company, 2nd Engineer Group (Construction); Battery C,
15th Anti-aircraft Artillery (AAA) Battalion, 7th Infantry Division;
Headquarters Battery, 57th Field Artillery Battalion, 7th Infantry
Division; and in an Augmentation to Headquarters Company, 2nd Engineer
Group (Construction).

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214
shows the entry, "None."

8.  Section 9 (Medals, Decorations, and Citations), of the applicant DA
Form 24, is blank.

9.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which was published to assist commanders
and personnel officers in determining or establishing eligibility of
individual members for campaign participation credit, assault landing
credit, and unit citations, shows that the unit the applicant was assigned
to, the 7th Infantry Division, in Korea, was awarded the Republic of Korea
Presidential Unit Citation, for the period 17 September 1950 through 27
March 1971, by Department of the Army General Orders 50, dated 1971.

10.  Item 32 (Remarks), of the applicant's DD Form 214, shows that the
applicant was released from active duty in the permanent pay grade PFC.
The applicant was appointed to that pay grade on 6 September 1956, the date
he entered active duty.

11.  Section 1 (Appointments, Promotions, or Reductions), of the
applicant's active duty DA Form 24, covering the period from 3 March 1955,
and onwards,
shows that the applicant was promoted as follows:  Pvt-1 (Perm)/3 Mar
55//Pvt-2 (Perm)/21 Jul 55//PFC (Temp)/1 Dec 55//PFC (Perm) USAR/6 Sep 56//
and SP3 (Temp)/29 May 57.  This DA Form 24 shows that the applicant was not
promoted to the permanent pay grade of SP3 while on active duty.

12.  Section 1 (Appointments, Promotions, or Reductions), of the
applicant's Reserve DA Form 24, covering the period from 3Mar55 (25Jun58)
shows that the applicant was promoted to the permanent pay grade SP3 under
the provisions of Paragraph 5, AR 635-250, on 25 June 1958, the date he was
released from active duty.

13.  AR 670-1, Chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently, if the individual was assigned to and present
for duty with the unit any time during the period cited; or was attached
to, by competent orders, and was present for duty with the unit, during the
entire period, or for at least thirty consecutive days of the period cited.

14.  Change 1 to AR 635-250, Paragraph 5, provides administrative details
pertinent to the individual's pay grade after his transfer or release from
active duty to a Reserve component.  "Enlisted personnel will be
transferred to, or released to, Reserve components in the grade in which
serving on active duty.  Upon transfer or return to Reserve components,
this becomes the permanent grade."

15.  Change 4 to AR 635-250, Paragraph 5.c.(1), provides guidance for the
preparation of service records for individuals who are transferred or
released to the Reserve components.  "The 'From' date on the cover of the
new service record will be the same as that on the old service record, with
the date of release from active duty in parentheses immediately following
it."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving in the temporary pay grade, SP3, and in the
permanent pay grade, PFC, on the date he was released from active duty,
25 June 1958.

2.  On the applicant's transfer to the Reserve component, the pay grade in
which he was serving on active duty, SP3 became his permanent grade, in
accordance with regulations in force at the time; hence, he is not eligible
for a correction to the permanent pay grade shown on his DD Form 214.

3.  The applicant served with units of the 7th Infantry Division, at the
time it [the Division] was awarded the Republic of Korea Presidential Unit
Citation.  He is therefore eligible for award of this unit citation and to
have it shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

mm_____  lds _____  mjf  _____  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 Republic of
Korea Presidential Unit Citation to the applicant's DD Form 214.

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
correction of the applicant's permanent pay grade (from PFC to SP3) shown
in Item 32 of his DD Form 214.




            ____Melvin H. Meyer____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105903                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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