RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20050016785


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr.  Ronald D. Gant               |     |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 he be awarded the "Retirement Medal" and
the Korea Defense Service Medal.

2.  The applicant states he was not given an opportunity for a retirement
ceremony or to pass in review on his retirement and he did not receive the
"Retirement Medal."  He adds, in effect, that during his career, he served
in Korea.

3.  In support of his application, the applicant provided a copy of the
last issued DD Form 214, Certificate of Release or Discharge from Active
Duty, he received.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 31 August 1980.  The application submitted in this case is
dated 15 November 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 records show he was inducted into the Army of the
United States on 28 June 1960.  The applicant was honorably discharged from
the Army of the United States on 4 June 1962, for the purpose of
immediately enlisting in the Regular Army.  He enlisted in the Regular Army
on 5 June 1962 and continued to serve through several reenlistments until
31 August 1980 when he was honorably discharged for the purpose of
retirement.  On the date of his separation, the applicant had completed 20
years, 2 months, and 3 days service, with no lost time.

4.  During his Army career, the applicant served seven overseas tours of
duty, to include:  Germany (two tours), Korea (two tours), Panama, and
Vietnam (two tours).

5.  The applicant served in Korea from 12 May 1961 through 13 June 1962.
During this tour of duty, he was assigned to Company D, 1st Battle Group,
17th Infantry.

6.  The applicant returned to Korea and served there from 26 May 1978
through 25 May 1979.  During this tour of duty in Korea, he was assigned to
Battery C, 1st Battalion, 38th Field Artillery, 2nd Infantry Division.

7.  The applicant served in Vietnam from 25 June 1965 through 20 June 1966.
 He was assigned to Company A, 2nd Battalion, 18th Infantry Regiment.

8.  The applicant returned to Vietnam and served there from 6 October 1969
through 9 June 1970.  He was assigned, in turn, to the 24th Evacuation
Hospital, 36th Evacuation Hospital, and to the 12th Evacuation Hospital.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) (All periods of service), of the applicant's last
issued DD Form 214, shows he was awarded:  the Purple Heart; the Good
Conduct Medal, 6th Award; the National Defense Service Medal; the Vietnam
Service Medal; the Presidential Unit Citation; the Meritorious Unit
Commendation, with four oak leaf clusters; the Combat Infantryman Badge;
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 Vietnam Presidential Unit
Citation; and the German Army Marksmanship Award, in Bronze.  The
"Retirement Medal" and the Korea Defense Service Medal are not shown on the
applicant's DD Form 214.

10.  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.

11.  The applicant participated in the following five campaigns, during his
tour of duty in Vietnam:  the Vietnam Defense Campaign, which extended from
8 March through 24 December 1965; the Vietnam Counteroffensive, which
extended from 25 December 1965 through 30 June 1966; the Vietnam Summer-
Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam
Winter-Spring 1970, which extended from 1 November 1969 through 30 April
1970; and the Sanctuary Counteroffensive, which extended from 1 May through
30 June 1970.
12.  A specific award titled, "Retirement Medal," is not recognized nor is
it included in the Army's awards program.  Army Regulation (AR) 600-8-22,
paragraph 1-21 states, "Each individual approaching retirement may be
considered for an appropriate decoration based on his or her grade, years
of service, degree of responsibility, and manner of performance.
Meritorious service awards may be awarded, upon retirement, which may
include periods of service longer than that served in the recommending
command.  It is recommended that such periods be limited to the last 10
years of service.  This is not to imply that an extended period of service
should be considered for every individual who retires.  An extended period
should only be considered in those cases where the length or nature of the
individual's terminal assignment would not qualify him or her for an
appropriate award.  It is neither necessary nor desirable to consider an
extended period of service when the length and character of service of
retirees in their terminal assignments would qualify them for an
appropriate award."  The applicant has the option to pursue award of an
achievement or service award to recognize his over 20 years of Army service
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this recognition under Section 1130 and, as a result, the
"Retirement Medal" will not be discussed further in this Record of
Proceedings.

13.  The applicant received the Sharpshooter and the Marksman Marksmanship
Qualification Badge, with Carbine Bar (M-1 Carbine).  These badges are
shown on the DD Form 214 issued to him on 4 June 1962.  These marksmanship
qualification badges were not added to his last issued DD Form 214.

14.  The applicant received the Expert Marksmanship Qualification Badge,
with Rifle Bar (M-14 Rifle), and the Sharpshooter Marksmanship
Qualification Badge, with Pistol Bar (.45 Caliber Pistol).  These are shown
on the DD Form 214 issued to him on 11 March 1965.  These marksmanship
qualification badges were not added to his last issued DD Form 214.

15.  The applicant received the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar (M-16 Rifle), and was awarded four overseas
service bars.  This marksmanship badge and overseas service bars are shown
on the DD Form 214 issued to him on 21 October 1976.  This marksmanship
qualification badge and the overseas service bars were not added to his
last issued DD Form 214.

16.  The evidence shows that the applicant was assigned to Headquarters and
Headquarters Battery, 1st Battalion, 39th Field Artillery, Fort Bragg,
North
Carolina, on 11 April 1980, the date he applied for voluntary, non-
disability retirement.  Item 19 (CONUS Location of Choice Transfer
Activity), of the DA Form 2339, Application for Voluntary Retirement, the
applicant submitted shows he elected to be processed for retirement at Fort
Ord, California.  The applicant stated, by his signature, that he had been
counseled as specified by AR 635-10, paragraph 2-18.  He added that he
fully understood the provisions of AR 635-10, Section V, Chapter 2,
concerning his entitlements pertaining to per diem, travel, and
transportation allowances based on his retirement at a CONUS station of
choice.

17.  The 573rd Personnel Service Company, Fort Bragg, published orders
113-31, on 12 June 1980, assigning the applicant to the US Army
Separation Transfer Point, Fort Ord.  The applicant was given
instructions not to depart Fort Bragg prior to 28 July 1980.  He was
given a reporting date to Fort Ord of 25 August 1980 and a retirement
date of 31 August 1980.  The applicant was authorized 25 days terminal
leave.

18.  A search of the applicant's service personnel records was conducted to
determine if a document existed which showed his coordination with
retirement services representatives at Fort Ord exercising his option to
participate in a retirement parade or in a retirement ceremony.  None was
found and the applicant also did not provide one.

19.  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.

20.  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.

21.  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.

22.  AR 635-10, Chapter 2, Paragraph 2-21.a. in effect on the applicant's
retirement date stated, "If a soldier desires, he may take leave to take
part in a retirement ceremony at his own expense at a CONUS post other than
where the retirement action will be processed.  The member will — (1) While
on leave, personally arrange to take part in the ceremony with the adjutant
general or adjutant of the selected post; (2) advise the processing STP/STA
(separation transfer point/separation transfer activity) that he is alive
on the last day of the retirement month; and b. when transition processing
has been completed and the member has departed on leave, such leave may be
ended only as authorized by AR 630-5."  [The basic provisions of this
paragraph have remained the same through the current edition of the
regulation.  Only the words "member" and "he" have been changed to
"Soldier" and "he/she", respectively.]

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served two tours of duty in the
Republic of Korea during the qualifying period for award of the Korea
Defense Service Medal.  He is therefore entitled to award of the Korea
Defense Service Medal and to have this award added to his DD Form 214.

2.  The applicant participated in five campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of one silver service star to
be affixed to his already-awarded Vietnam Service Medal and to have it
shown on his separation document.

3.  The evidence shows the applicant earned and was awarded the Marksman
Marksmanship Qualification Badge, with Carbine Bar; the Sharpshooter
Marksmanship Qualification Badge, with Carbine and Pistol Bar; the Expert
Marksmanship Qualification Badge, with Automatic Rifle and Rifle Bar; and
four overseas service bars.  These qualification badges and overseas
service bars are not shown on the applicant's DD Form 214, with an
effective date of separation of 31 August 1980.  He is entitled to have
these badges added to his last issued DD Form 214, in accordance with
regulatory guidance in effect at the time of his separation.

4.  The applicant was assigned to Fort Bragg at the time he applied for
voluntary, non-disability retirement.  He opted to retire at Fort Ord,
California, as opposed to the site of his last duty station.  The evidence
shows the applicant was briefed and he acknowledged that he understood (by
affixing his signature on DA Form 2339) that if he desired, he could take
leave to take part in a retirement ceremony at his own expense at a CONUS
post other than Fort Bragg, where the retirement action was being
processed.  The regulation, AR 635-10, is very clear that the applicant had
the responsibility for making the necessary arrangements with the adjutant
general or adjutant of the selected post.  The evidence further shows that
at the time the applicant normally would have participated in a retirement
ceremony or parade, he was on terminal leave and it is apparent based on
his statement that he did not participate in a retirement parade or
retirement ceremony due to a lack of coordination by him.  The applicant is
therefore denied an opportunity to participate in a delayed retirement
parade and retirement ceremony.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1983.  The applicant did not file within the
3-year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RDG___  __PMS__  _LMD___  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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214, with an effective date of separation of 31 August 1980;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
service star, and adding this award to the applicant's DD Form 214, with an
effective date of separation of 31 August 1980;

      c.  awarding the applicant the Korea Defense Service Medal adding
this award to his DD Form 214 and adding this award to the applicant's DD
Form 214, with an effective date of separation of 31 August 1980; and

      d.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Carbine Bar; the Sharpshooter Marksmanship Qualification Badge,
with Carbine and Pistol Bar; the Expert Marksmanship Qualification badge,
with Automatic Rifle and Rifle Bar; and four overseas service bars to the
applicant's DD Form 214, with an effective date of separation of 31 August
1980.

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 applicant's request to participate in a delayed retirement parade and
retirement ceremony.




                            ____    Paul M. Smith_________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050016785                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/29                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |(KDSM)                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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