RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002218


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) show his service in
Vietnam and all medals and ribbons to which he may be entitled.

2.  The applicant states he needs this correction to update his current
record.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 March 1965.  The application submitted in this case is
dated
3 February 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.  On 15 March 1962, the applicant enlisted in the Regular Army for a
period of 3 years.  After completion of all required training, he was
awarded military occupational specialty (MOS) 140.00, Field Artillery
Basic.  The applicant's MOS was later changed to 153.10, Artillery Surveyor
on 17 October 1963.

4.  On 14 June 1962 the applicant departed the Continental United States
(CONUS) Inchon Korea.  He served in Korea until he departed on 26 June
1963. He served with Headquarters Battery, 1st Howitzer Battalion, 77th
Artillery during his assignment to Korea.  Upon his return to CONUS, the
applicant was assigned to Fort Chaffee, Arkansas.

5.  On 12 March 1965, the applicant was honorably discharged from active
duty.  His DD Form 214 shows he served 2 years, 11 months, and 28 days of
active Federal service.  He was also credited with 5 years, 8 months, and
17 days of other service.  Additionally, his DD Form 214 shows he was
credited with
1 year, 0 months, and 27 days of foreign service in Eighth United States
Army (EUSA-Korea).  His DD Form 214 shows he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar and Machine Gun Bar.  He
was also awarded the Marksman Marksmanship Qualification Badge with Pistol
Bar.

6.  There are no documents in the applicant's Official Military Personnel
File (OMPF) to show that he was assigned any place while overseas other
than Eighth U.S. Army with duty in Korea.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provides that the Good Conduct Medal is awarded to individuals who have
completed a qualified period of active duty enlisted service.  This period
is 3 years except in those cases when the period for the first award ends
with the termination of a period of Federal military service.  The enlisted
person must have had all “excellent” conduct and efficiency ratings and no
convictions by a court-martial.  Ratings of "Unknown" for portions of the
period under consideration are not disqualifying.  Service and efficiency
ratings based upon academic proficiency of at least "Good" rendered
subsequent to 22 November 1955 are not disqualifying.

8.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974,inclusive.  This regulation also provides that to signify a
second award of the National Defense Service Medal a bronze service star
will be worn on the service ribbon.

9.  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.

10.  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 applicant's records do not show that he was ever assigned to
Vietnam for duty.  The applicant has not provided any evidence to show he
was assigned to Vietnam, such as dates of assignment, units of assignment,
orders, etc.  There is evidence the applicant has other service which
appears to have been with the United States Marine Corps (USMC) and the
Michigan Army National Guard.  His military records from those branches of
service are unavailable for review by this Board, but it is possible he may
have had Vietnam service with these organizations.  Appeals pertaining to
USMC records should be directed to the Board for Correction of Naval
Records.  Appeals pertaining to National Guard records should be directed
to The Adjutant General, Michigan Army National Guard prior to appealing to
this Board.  The applicant would be required to furnish a copy of his Army
National Guard records should he find it necessary to appeal again to this
Board.

2.  The applicant's records reveal that he had Conduct and Efficiency
ratings of Excellent.  There is no evidence that he was disqualified for
award of the Good Conduct Medal.  Therefore, he is entitled to a correction
of his records to award him the Good Conduct Medal for the period 15 March
1962 to 12 March 1965 and to have it added to his DD Form 214.

3.  The applicant served during a time frame for which pertinent Army
regulations authorized the award of the National Defense Service Medal.
Therefore, he is entitled to a correction of his records to have this award
added to his DD Form 214.

4.  The applicant served in Korea during the time frame outlined by the
Army Human Resource Command Message that authorized the award of the Korea
Defense Service Medal.  Therefore, he is entitled a correction of his
records to have this award added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 March 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
11 March 1968.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mjnt__  __cad___  __eem___  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.  Awarding the applicant the Good Conduct Medal for the period
15 March 1962 to 12 March 1965, and;


      b.  Adding the Good Conduct Medal, the National Defense Service Medal,
and Korea Defense Service Medal to his DD Form 214 of 12 March 1965.

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
Vietnam service and awards for that time frame.



                                  Marla J. N. Troup
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002218                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0056                                |
|3.                      |107.0069                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]