RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001234


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, correction of his discharge document
to show award of the Korea Defense Service Medal, Meritorious Unit
Commendation, and one Overseas Service Bar.

2.  The applicant states, in effect, that the Korea Defense Service Medal
was not approved at the time of his retirement, so it is not shown on his
discharge document.  He also states, in effect, that the Meritorious Unit
Commendation was inadvertently omitted from his discharge document and he
was not given proper credit for award of the Overseas Service Bar.  He adds
that he did not discover the errors until after his retirement.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 31 May
2000, and
DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 2000, the date of his retirement from active duty.  The
application submitted in this case is dated 9 January 2006.

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 service records show that he enlisted in the
U.S. Army on 3 September 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 12A (Pioneer).  He was subsequently
reclassified and awarded MOS 71L (Administrative Specialist).  He was
honorably separated from active duty on
15 June 1973 and transferred to the U.S. Army Reserve.

4.  The applicant reentered the Regular Army on 20 November 1973.  He
served continuously on active duty, attaining the grade of rank of sergeant
major (SGM)/E-9, and was honorably retired from the Regular Army on 31 May
2000 after completing a total of 30 years, 3 months, and 21 days active
service.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Meritorious
Service Medal (4th Award), Army Commendation Medal (6th Award), Army
Achievement Medal (3rd Award), Army Good Conduct Medal (9th Award),
National Defense Service Medal (2nd Award), Armed Forces Expeditionary
Medal, Southwest Asia Service Medal with 2 bronze service stars, Vietnam
Service Medal with 1 bronze service star, Noncommissioned Officers
Professional Development Ribbon (Senior Level), Army Service Ribbon,
Overseas Service Ribbon (3rd Award), Republic of Vietnam Gallantry Cross
with Palm Unit Citation, Kuwait Liberation Medal (Saudi Arabia), Kuwait
Liberation Medal (Kuwait), Expert Marksmanship Qualification Badge with
Automatic Rifle and Pistol Bars, and U.S. Army Basic Recruiter Badge with 1
Gold Achievement Star.

6.  The applicant's DA Form 2-1, Item 5 (Oversea Service), shows, in
pertinent part, that the applicant served in the Republic of Korea from 20
December 1971 through 15 June 1973 and from 22 August 1982 through 18
August 1984.  Item 5 also shows, in pertinent part, that the applicant
served in the Republic of Vietnam from 20 August 1970 through 22 September
1970 and in Saudi Arabia (i.e., the Persian Gulf; Operation Desert Storm)
from 29 January 1991 through 19 April 1991.  Item 35 (Record of Assignment)
of this document shows, in pertinent part, that the applicant was assigned
to Headquarters and Headquarters Company, 20th Engineer Brigade, from 28
January 1991 through 14 July 1991.

7.  The Korea Defense Service Medal is authorized to members of the Armed
Forces who have served on active duty in support of the defense of the
Republic of Korea from 28 July 1954 to a date to be determined.
Headquarters, U.S. Army Human Resources Command, message, dated 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.

8.  The U.S. Army Human Resources Command, The Adjutant General
Directorate, Military Awards Branch, Alexandria, Virginia, website located
at:
https://www.hrc.army.mil/site/active/TAGD/awards/Unit_Awards/unit_awards.htm

lists the unit awards received by units serving in Operation Desert Storm.
This website shows, in pertinent part, that at the time of the applicant's
assignment to Headquarters and Headquarters Company, 20th Engineer Brigade
(Southwest Asia), the unit was cited for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
12 (1994).

9.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that effective 1 March 1961 the Meritorious Unit Commendation was
authorized for units and/or detachments of the Armed Forces of the United
States for exceptionally meritorious conduct in the performance of
outstanding services for at least six continuous months in support of
military operations.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) governs the requirements for the Overseas Service Bar.  In
pertinent part, it provides 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 for the specific time frames
and areas of operation cited in Army Regulation 670-1, or appropriate
Department of the Army message.  One overseas service bar is authorized for
each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973, and also for service
in the Persian Gulf during Operation Desert Storm from 17 January 1991 to
31 August 1993.  In both instances, the month of arrival and the month of
departure are counted as whole months for credit toward the Overseas
Service Bar.  This Army regulation also shows, in pertinent part, that
service in Vietnam and Operation Desert Storm of periods less than 6 months
duration, which otherwise meets the requirements for the award of overseas
service bars, may be combined to determine the total number of overseas
service bars authorized.

11.  As a matter of information for the applicant, in accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as 2
September 1945 to 26 December 1991.  The award of the Cold War Recognition
Certificate is not governed by the provisions of Army Regulation 600-8-22
and, as a result, is not shown on a discharge document.  However, the
applicant may submit an application for the certificate to the
Commander, U.S. Army Human Resources Command, Cold War Recognition,
Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street,
Alexandria, VA 22332-0473.  Additional information is available on the
Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Korea Defense Service Medal, Meritorious Unit Commendation, and one
Overseas Service Bar because he met the qualifying criteria for these
awards and accoutrements.

2.  The evidence of records shows that the applicant met the qualifying
criteria for award of the Korea Defense Service Medal.  Therefore, the
applicant is entitled to correction of his records to show this foreign
service medal.

3.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

4.  Records show that the applicant served 1 month in Vietnam and 3 months
in the Persian Gulf during Operation Desert Storm.  The evidence of records
also shows that both the month of arrival and the month of departure are
counted as whole months for credit toward the Overseas Service Bar.  In
addition, the evidence of records shows that service in Vietnam and the
Persian Gulf
(i.e., Operation Desert Storm) of periods less than 6 months duration,
which otherwise meets the requirements for the award of overseas service
bars, may be combined to determine the total number of overseas service
bars authorized.  As a result, the applicant accumulated a total of 6
months creditable overseas service for award of the Overseas Service Bar.
Therefore, he is entitled to correction of his records to show award of 1
Overseas Service Bar.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 2003.  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:

__ALR___  __LMB__  __QAS__  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 award of the Korea Defense
Service Medal, Meritorious Unit Commendation, and 1 Overseas Service Bar.




                                       Allen L. Raub_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001234                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20000531                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Sufficient Service for Retirement       |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0034.0000                           |
|2.                      |107.0071.0000                           |
|3.                      |107.0088.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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