RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050007187


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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
Combat Medical Badge, the Korean Service Medal, and the Korea Defense
Service Medal.  He also requests correction of his records to show his
total overseas service.

2.  The applicant states, in effect, his DD Form 214 does not indicate
these awards and his total overseas service.

3.  The applicant provides a copy of his DD Form 214 for the period ending
30 September 1970 and his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 30 September 1970.  The application submitted in this case is dated 4
May 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 limitations 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 military records are not available to the Board.
However, there were sufficient documents provided by the applicant for the
Board to conduct a fair and impartial review of this case.

4.  The applicant's DA Form 20 shows he initially enlisted in the Army on
23 February 1950.  He completed training as a medical specialist.  He
apparently continued to serve on active duty through a series of
reenlistments.

5.  The applicant's DA Form 20 shows he was assigned to Korea from
19 September 1950 through 25 August 1951.  He was assigned to Medical
Company, 5th Cavalry Regiment and Company C, 8th Tank Battalion,
5th Infantry Division.

6.  Item 22 (Military Occupational Specialties) on the applicant's DA Form
20 shows he was awarded primary military occupational specialty 91F (Neuro
Psychiatric Specialist) on 9 July 1952.

7.  Item 41 (Awards and Decorations) on his DA Form 20 shows he was awarded
the Combat Medical Badge based on Headquarters, 5th Cavalry Regiment,
Special Orders Number 149, undated.

8.  Item 41 (Awards and Decorations) on his DA Form 20 also shows he was
awarded the Korean Service Medal based on Headquarters, Eighth United
States Army, Korea Circular Number 125, undated.

9.  Item 39 (Campaigns) on the applicant's DA Form 20 shows he received
credit for participation in the United Nations Offensive Campaign, the
Chinese Communist Intervention Campaign, the First United Nations Counter
Offensive Campaign, the Chinese Communist Forces Spring Offensive Campaign,
and the United Nations Summer-Fall Offensive Campaign.

10.  His DA Form 20 shows he served in France from 26 February 1953 through
12 December 1955 as a neuro specialist at the 34th General Hospital.

11.  His DA Form 20 shows he completed another tour in France from 29 March
1958 through 10 March 1961.

12.  The applicant reenlisted in the Regular Army on 14 December 1967 and
retired on 30 September 1970.  His DD Form 214 shows he completed 2 months
and 29 days of foreign service in Okinawa during the period covered by the
report.

13.  His DD Form 214 for the period ending 30 September 1970 shows he was
awarded the Good Conduct Medal Silver Clasp with one loop, the National
Defense Service Medal with First Oak Leaf Cluster, the Army of Occupation
Medal with Germany Clasp and the United Nations Service Medal.

14.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and 27 July 1954.

15.  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.

16.  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.  A silver service star
is authorized in lieu of five bronze service stars.

17.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  In pertinent part, it directs
that foreign service performed during the period covered by the DD Form 214
will be entered in item 22c.  The regulation also states that the amount of
foreign service will be taken from the Soldier’s Enlisted Qualification
Record or, if necessary, verified from the Soldier’s Military Personnel
Records Jacket.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the Combat Medical
Badge based on special orders published by the 5th Cavalry Regiment.  This
evidence is sufficient as a basis to correct his DD Form 214 to show the
Combat Medical Badge.

2.  The applicant served in Korea from 19 September 1950 through 25 August
1951.  Therefore, he served a period of qualifying service for award of the
Korean Service Medal.  He received credit for participation in five
campaigns in Korea.  Therefore, he is entitled to one silver service star
for wear on his Korean Service Medal.

3.  The Korea Defense Service Medal was awarded for service 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.  Therefore, the
applicant did not serve a period of qualifying service for award of the
Korea Defense Service Medal.

4.  The applicant's DD Form 214 shows he completed 2 months and 29 days of
foreign service in Okinawa.  His foreign service in Korea and France was
performed prior to the period covered by the DD Form 214.  Therefore, there
is no basis for correcting his foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

TK______  RD______  JM______  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 award of the
Combat Medical Badge and the Korean Service Medal with one silver service
star.

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
the Korea Defense Service Medal and correction of his total overseas
service.




                            Ted Kanamine__________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007187                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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