RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060006117


      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. Maria C. Sanchez              |     |Analyst              |


8i
      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones, II            |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Armed Forces
Expeditionary Medal and the Korea Defense Service Medal.

2.  The applicant states, in effect, that he is entitled to award of the
Armed Forces Expeditionary Medal for the period 1958 through the present
date.  He continues that he is entitled to award of the Korea Defense
Service Medal for the periods February 1965 through March 1966 and August
1974 through September 1976.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1982, the date of his retirement.  The application
submitted in this case is dated 19 April 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 served in the Regular Army during the period 26 January
1961 through 24 January 1964.  After completion of basic and advanced
individual training, he was awarded military occupational specialty 763.10
(Ordnance Supply Specialist).  On 8 January 1965, he reenlisted in the
Regular Army for a period of 3 years.  He continued to serve through a
series of reenlistments until he was honorably retired on 31 January 1982.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows that he was
awarded the National Defense Service Medal, the Vietnam Service Medal,
Overseas Service Bars (2), the Good Conduct Medal (5th Award), the Republic
of Vietnam with Gallantry Cross Unit Citation with Palm (2nd Award), the
Expert
Marksmanship Qualification Badge (M-16), the Republic of Vietnam Civil
Actions Honor Medal Second Class, the Overseas Service Ribbon (4), the Army
Service Ribbon, and the Noncommissioned Officer Professional Development
Ribbon (2).

5.  There is no documentation that shows the applicant was awarded the
Armed Forces Expeditionary Medal or the Korea Defense Service Medal.

6.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served
in Korea during the period 23 February 1965 through 21 March 1966; in
Germany during the period from 21 November 1966 through 18 September 1967;
in Vietnam during the period from 28 January 1967 through 27 October 1968;
in Alaska during the period 3 December 1968 through 15 April 1972; and in
Korea during the period 14 August 1974 through 13 September 1976.

7.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  Paragraph 2-13d specifically provides that
individuals qualified for the Armed Forces Expeditionary Medal for service
in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain
qualified for that medal.  Upon request, a unit personnel officer may award
the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal,
but the regulation requires that the Armed Forces Expeditionary Medal be
removed from the records of the individual.  No person will be entitled to
both awards for Vietnam Service.

8.  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.

9.  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.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

11.  The applicant's records contain Headquarters, I Corps and Fort Lewis
Permanent Orders Number 237-40, dated 10 December 1981, which awarded him
the Army Commendation Medal for meritorious service during the period
17 December 1979 through 31 January 1982.

12.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
2-1 (Personnel Qualification Record) shows he was awarded the Expert
Marksmanship Qualification Badge with Pistol Bar.

13.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows
that while serving in the Republic of Vietnam, he was assigned to the 4th
Supply and Transportation Battalion of the 4th Infantry Division during the
period 9 November 1967 through 27 October 1968.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Republic of Vietnam Service
Medal or the Armed Forces Expeditionary Medal and were evacuated prior to
completing 6 months of service due to wounds resulting from hostile action
were entitled to award of the Republic of Vietnam Campaign Medal.




15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), dated 29 January 1988, shows that at the
time of the applicant's assignment to the 4th Supply and Transportation
Battalion of the 4th Infantry Division, the unit was cited for award of the
Meritorious Unit Citation by Department of the Army General Order Number
48, dated 1969.

16.  The applicant's service records show that he was awarded the Vietnam
Service Medal.  However, his DD Form 214 does not show any bronze service
stars indicating campaign credit.  Item 9 (Awards, Decorations and
Campaigns) of his DA Form 2-1 shows that he participated in the Vietnam
Counteroffensive Phase III, the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V
campaigns.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he was
awarded the Armed Forces Expeditionary Medal and the Korea Defense Service
Medal.

2.  Evidence shows the applicant served in the Republic of Vietnam during
the period 28 October 1967 through 27 October 1968.

3.  Evidence shows the applicant was awarded the Republic of Vietnam
Service Medal.

4.  Regulation states that no Soldier will be entitled to award of both the
Armed Forces Expeditionary Medal and the Republic of Vietnam Service Medal
for Vietnam service.

5.  Based on the foregoing, the applicant is not entitled to correction of
his records to show award of the Armed Forces Expeditionary Medal.

6.  Evidence shows that the applicant served two overseas services in the
Republic of Korea during the periods 23 February 1965 through 21 March 1966
and 14 August 1974 through 13 September 1976 which qualifies him for award
of the Korea Defense Service Medal.  Therefore, he is entitled to
correction of his records to show this award.
7.  Permanent Orders awarded the applicant the Army Commendation Medal for
meritorious service.  Therefore, he is entitled to correction of his DD
Form 214 to show this award.

8.  Evidence of record shows that the applicant served a qualifying period
of service for award of the Republic of Vietnam Campaign Medal.  Therefore,
he is entitled to correction of his service records to show this award.

9.  Records show the applicant was awarded the Expert Marksmanship
Qualification Badge with Pistol Bar.  Therefore, he is entitled to
correction of his DD Form 214 to show this badge.

10.  During the applicant's assignment with the 4th Infantry Division, the
unit was cited for award of the Meritorious Unit Citation.  Therefore, he
is entitled to correction of his records to show award of the Meritorious
Unit Citation.

11.  Evidence of record shows the applicant was credited for four campaigns
during his service in the Republic of Vietnam War.  His separation document
shows award of the Republic of Vietnam Service Medal.  Regulation states
that a bronze service star is authorized each campaign participated.
Therefore, the applicant is entitled to correction to show four bronze
service stars affixed to his Republic of Vietnam Service Medal.

12.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1985.  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

_QAS____  _FCJ___  _ALR___   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 awarding the Korea
Defense Service Medal, the Army Commendation Medal, the Republic of Vietnam
Campaign Medal, the Meritorious Unit Citation, the Expert Marksmanship
Qualification Badge with Pistol Bar, and four bronze service stars to be
affixed on his Republic of Vietnam Service Medal.

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
Armed Forces Expeditionary Medal.




                                __Allen L. Raub___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006117                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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