RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060001242


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 three separate applications, award of the
Valorous Unit Award (VUA), Republic of Korea Presidential Unit Citation
(ROKPUC), and the Korean Defense Service Medal (KDSM).

2.  The applicant states, in effect, the VUA and ROKPUC were authorized
after he left the units, and the KDSM was authorized after he retired.

3.  The applicant provides the following documents in support of his
applications: KDSM Implementing Instructions; Assignment Orders; and Unit
Decorations Lists.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 June 1984, the date of his release from active duty
(REFRAD) for retirement.  The applications submitted in this case are dated
28 and
29 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 record shows that he initially enlisted in the Regular
Army and entered active duty on 18 April 1961.  He was initially trained in
and awarded military occupational specialty 11B (Infantryman), and
subsequently served in various infantry MOSs throughout his military
career.  He was promoted to master sergeant (MSG) on 18 May 1977, and this
is the highest rank he attained while serving on active duty.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
completed two tours of duty in the Republic of Vietnam (RVN) and three
tours of duty in the Republic of Korea.  His RVN tours were from 3 December
1967 through 2 June 1968 and from 24 July 1970 through 25 June 1971.  His
ROK tours were from 24 August 1962 through 8 September 1963, from 3 June
1968 through 9 December 1968, and from 24 May 1974 through 19 May 1975.
5.  The applicant's record shows that during his first RVN tour, he was
assigned to the 1st Battalion, 18th Infantry Regiment on 27 December 1967.
During his second RVN tour, he was assigned to Advisory Group I MR (W-OBV-
02-C), United States Military Advisory Command, Vietnam (MACV).  His record
shows that during his first tour in the ROK, he was assigned to 2nd
Battalion, 17th Infantry Regiment, 7th Infantry Division.  During his
second ROK tour, he was assigned to Headquarters and Headquarters Company
(HHC), 7th Infantry Division, and during his final ROK tour, he was
assigned to the 1st Battalion, 23rd Infantry Regiment, 2nd Infantry
Division.

6.  On 30 June 1984, the applicant was honorably REFRAD for the purpose of
retirement after completing a total of 23 years, 2 months, and 14 days of
active military service.  The separation document (DD Form 214) he was
issued upon his retirement shows during his active duty tenure, he earned
the following awards:  Bronze Star Medal; Meritorious Service Medal; Army
Commendation Medal; Army Good Conduct Medal (7th Award); National Defense
Service Medal; Army of Occupation Medal-Berlin; Armed Forces Expeditionary
Medal-Korea; Vietnam Service Medal; RVN Campaign Medal with 60 Device; RVN
Gallantry Cross with Palm Unit Citation; Army Service Ribbon (ASR);
Overseas Service Ribbon (2); Noncommissioned Officer Professional
Development Ribbon (3); Expert Infantryman Badge; Combat Infantryman Badge;
and Drill Sergeant Identification Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It
states, in pertinent part, that 1 bronze service star is authorized with
this award for each RVN campaign a member is credited with participation
in.  A silver service star is used in lieu of 5 bronze service stars, to
denote participation in
5 campaigns.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict, the Grenada Operation,
and the period of service subsequent to the Vietnam Conflict up to
September 1987.  Additional unit awards are included for meritorious
achievement in the continental United States (CONUS) and other foreign
countries.

9.  The unit register shows that the applicant's unit (1st Battalion, 18th
Infantry Regiment) did not earn the VUA during his tenure of assignment.
The unit received the VUA for a period that ended on 10 December 1967, 17
days before the date the applicant was assigned.  The applicant's unit (7th
Infantry Division) did earn the ROKPUC for the period 17 September 1950
through 27 Mar 71, which covered the period the applicant served with the
unit.  No other unit awards not already documented in his record were
awarded to the applicant's units during the periods of his assignment.  It
does show that during the periods of his assignments to the RVN, campaign
credit was granted for the Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

10.  The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004.  The KDSM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the ROKPUC and KDSM was found
to have merit.  The evidence of record confirms the applicant's unit (7th
Infantry Division) earned the ROKPUC for a period that includes the period
the applicant was assigned.  Further, his service in Korea also entitles
him to the KDSM, which was authorized on 3 February 2004.  Therefore, it
would be appropriate to add these awards to his record and separation
document at this time.

2.  The record also shows that based on his RVN campaign participation, he
is entitled to 1 silver service star with his Vietnam Service Medal.  Thus,
it would be appropriate to correct his record accordingly.

3.  The applicant's claim of entitlement to the VUA was also carefully
considered. However, there is insufficient evidence to support this claim.
The evidence of record confirms the applicant was not assigned to the 18th
Infantry Regiment until 27 December 1967, which was 17 days after the
ending date of the period for which the unit was authorized the VUA.
Although members of the unit may wear the award while serving with the
unit, only individuals serving with the unit during the period for which
the VUA is awarded are entitled to the award permanently.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SLP _  __RML__  __JGH __  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 his entitlement
to the Republic of Korea Presidential Unit Citation, Korean Defense Service
Medal, and 1 silver service star with his Vietnam Service Medal; and by
providing him a correction to his separation document that includes these
awards.

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 Valorous Unit Award.




                                  _____Shirley L. Powell ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001242                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1984/06/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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