RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050004106


      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                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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 already-awarded Meritorious Service
Medal be added to his DD Form 214, Certificate of Release or Discharge from
Active Duty.  The applicant also requests that he be awarded the Korea
Defense Service Medal and that it be added to his DD Form 214.

2.  The applicant states, in effect, that these awards were not added to
his DD Form 214 when he retired from active duty.

3.  The applicant provided a copy of the awards certificate for the
Meritorious Service Medal, dated 16 December 1980; a copy of his DA Form
20, Enlisted Qualification Record; and a self-prepared chronological
summary of the places he was stationed while he served on active duty; in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 31 October 1980.  The application submitted in
this case is dated 7 March 2005.

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 shows he enlisted in the Regular Army on 18
February 1958.  He served on active duty until 10 January 1961 and was
honorably released from active duty, on 10 January 1961, in the rank and
pay grade, Specialist Four,
E-4.  The applicant was been trained and was awarded the military
occupational specialty (MOS), 16C, Hercules Missile Crewman.

4.  The applicant was transferred to the inactive Reserve on 11 January
1961.  He served in this component of the US Army and on 8 January 1962,
he reenlisted in the Regular Army.  He continued to serve through several
reenlistments and on 31 October 1980 he was honorably separated for the
purposes of retirement.  On the date of his retirement, the applicant had
completed 21 years, 8 months, and 3 days active military service and 11
months and 27 days inactive service.

5.  During his career, the applicant completed five overseas tours of duty.
 He served two tours of duty in Germany, two tours of duty in Vietnam, and
he served in Korea from 22 January 1962 through 9 February 1963.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of his DD Form 214, shows he was awarded the
Air Medal (Four Awards); the Purple Heart; the Army Commendation Medal;
the Good Conduct Medal (Five Awards); the National Defense Service Medal;
the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the
Meritorious Unit Commendation; the Aircraft Crew Member Badge; and the U.S.
Army Recruiter Identification Badge. The Meritorious Service Medal is not
shown.

7.  There are no orders in the applicant's service personnel records to
show he was awarded the Meritorious Service Medal.  There is no entry in
Item 41 (Awards and Decorations), of his DA Form 20, to show he was awarded
the Meritorious Service Medal.  There is no entry in Item 9 (Awards,
Decorations and Campaigns), of his DA Form 2-1, Personnel Qualification
Record, Part II, to show he was awarded the Meritorious Service Medal.

8.  The awards certificate the applicant submitted in support of his
request shows he was awarded the Meritorious Service Medal "for
exceptionally meritorious service, for the period April 1970 through
October 1980, serving in various positions of responsibility culminating in
his assignment as First Sergeant, 180th Aviation Company (ASH) 223rd
Aviation Battalion (Combat)."

9.  Section VII – Current and Previous Assignments, Item 35 (Record of
Assignments), of the applicant's DA Form 2-1, shows the applicant's last
unit of assignment, before his voluntary non-disability retirement, was the
180th Aviation Company.  He served with this unit from 30 March 1978 until
20 August 1980.

10.  The applicant served in Vietnam from 11 March 1966 through 9 March
1967 and from 2 November 1969 through 23 October 1970.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.
12.  While in Vietnam, the applicant participated in the following six
campaigns: the Vietnam Counteroffensive, which extended from 25 December
1965 through 30 June 1966; the Vietnam Counteroffensive, Phase II, which
extended from 1 July 1966 through 31 May 1967; the Vietnam Winter-Spring
1970, which extended from 1 November 1969 through 30 April 1970; the
Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970;
the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971; and the Consolidation I, which extended from 1 July
through 30 November 1971.

13.  Army Regulation (AR) 600-8-22, in pertinent part, authorizes award of
a bronze service star, based on qualifying service, for each campaign
listed in its Appendix B and states that authorized bronze service stars
will be worn on the appropriate service medal, in this case, the Vietnam
Service Medal.  The regulation further provides that one silver service
star will be worn in lieu of five bronze service stars.

14.  Item 9, of the applicant's DA Form 2-1, shows he earned the Marksman
Marksmanship Qualification Badge, with Rifle [M-1 Rifle] and with Pistol
[.38 caliber Pistol] Bar; the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], the Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle].  These marksmanship
qualification badges are not shown on his DD Form 214.

15.  AR 670-1, in effect at the time, governed the requirements for the
Overseas Service Bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

16.  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.

17.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:
a) be engaged in actual combat during an armed engagement, regardless of
the time in the area of eligibility;  b) is wounded or injured in the
line of duty and requires medical evacuation from the area of
eligibility;  c) participates as a regularly assigned air crew member
flying sorties for 30 consecutive days or 60 nonconsecutive days into,
out of, within, or over the area of eligibility in support of military
operations; or  d) served in operations and exercises conducted in the
area of eligibility as long as the basic time criteria is met.  The
message further provided that, due to extensive time period for the Korea
Defense Service Medal eligibility, the non-consecutive service period for
eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served a full, over twenty-year
career, culminating in his assignment with the 180th Aviation Company.  He
was awarded the Meritorious Service Medal at the end of his career.
Despite the lack of orders awarding him the Meritorious Service Medal,
which apparently were not placed in his service record, nor posted to his
qualification record, he is entitled to have this award added to his DD
Form 214.


2.  The applicant served in and completed a tour of duty in Korea.  He is
therefore entitled to award of the Korea Defense Service Medal and to have
it added to his DD Form 214.

3.  The applicant was awarded the Vietnam Service Medal for his service in
Vietnam.  The applicant served in six campaigns while he served in Vietnam.
 He is therefore entitled to award of the Vietnam Service Medal, with one
silver service star and one bronze service star and to have them shown on
his separation document.
4.  The applicant served in Vietnam for over 24 months.  He is entitled to
award of four overseas service bars and to have them added to his DD Form
214.

5.  The applicant earned the Marksman Marksmanship Qualification Badge,
with Rifle  and with Pistol Bar; the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar; and the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar.  He is entitled to have
these marksmanship qualification badges shown on his DD Form 214.

BOARD VOTE:

_JS____  _PM_____  _LJO ___  GRANT FULL 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 all Department of the Army records of the
individual concerned be corrected by showing (list corrections in this
paragraph, this paragraph with lettered subparagraphs or in a series of
numbered paragraphs).

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
service star and one bronze service star and adding this award to the
applicant's DD Form 214;

      c.  awarding the applicant the Korea Defense Service Medal and adding
this award to his DD Form 214; and

      d.  adding the already-awarded Meritorious Service Medal; the
Marksman Marksmanship Qualification Badge, with Rifle and with Pistol
Bars; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar; and the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar; to the
applicant's DD Form 214.




                                    ___John Slone____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|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.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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