RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060008649


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 the record and separation document (DD Form
214) of her deceased husband, a former service member (FSM), be corrected
to add the Korean Campaign Ribbon, now known as the Korean Service Medal
(KSM), with 3 bronze service stars, American Theater Service Medal, now
known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service
Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World
War II Victory Medal.

2.  The applicant states, in effect, these awards were earned and they were
not included on the FSM's final separation document.

3.  The applicant provides a 3rd Infantry Division Certificate and Marriage
Certificate in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 28 February 1969, the date of the FSM's release from
active duty (REFRAD) for retirement.  The application submitted in this
case is dated 14 June 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 FSM's record shows that he was initially inducted into the Army and
entered active duty on 13 May 1944, during World War II.  He served in the
American Theater of Operations through 7 May 1945, at which time he
departed for the Asiatic-Pacific Theater of Operations (APTO), where he
arrived for duty on 25 May 1945.  He returned to the United States on 6
March 1946, and was honorably separated on 1 April 1946.  During this
period of active duty service, he earned the ACM, APCM, World War II
Victory Medal, and 3 Overseas Service Bars.

4.  The FSM entered the United States Army Reserve (USAR) on 21 June 1950,
and entered active duty in that status on 8 November 1950.  On 17 August
1951, while serving in Korea, he was honorably discharged from the USAR in
order to enlist in the Regular Army (RA), which he did on 18 August 1951.

5.  The FSM's Enlisted Qualification Record (DA Form 20) confirms he served
overseas in Korea from 11 December 1950 through 8 January 1951.  Documents
on file in his Military Records Jacket (MPRJ) confirm that during his tour
of duty in Korea, he was assigned to the 65th Infantry Regiment, 3rd
Infantry Division, performing duties in military occupational specialty
(MOS) 1745 (Light Weapons Infantryman).  It also shows he completed a
second overseas tour in Korea from 27 September 1958 through 10 October
1959, and a tour in the Republic of Vietnam (RVN) from 2 November 1967
through 31 October 1968.

6.  Item 38 (Record of Assignments) of the FSM's DA Form 20 shows that
during his tour of duty in the RVN, he was assigned to the following units
for the periods indicated:  Headquarters and Headquarters Company (HHC),
35th Engineer Battalion from 2 November 1967 through 10 June 1968; 614th
Engineer Detachment, from 11 June through 17 July 1968; HHC, 589th Engineer
Battalion from 18 July through 31 July 1968; and HHC, 84th Engineer
Battalion from
1 August through 30 October 1968.  During his RVN tour, he performed duties
in MOSs 52G (High Voltage Team Chief) and 51P (Utilities Foreman).

7.  Item 39 of the FSM's DA Form 20 shows that he was credited with
participating in the CCF Intervention, First UN Offensive, and CCF Spring
Offensive campaigns during the Korean Conflict; and the Vietnam
Counteroffensive Phase III and TET Counteroffensive campaigns during the
Vietnam Conflict.

8.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 shows he
earned the following awards:  National Defense Service Medal (NDSM); Army
Commendation Medal (ARCOM); Army of Occupation Medal (AOM) with Germany
Clasp; Army Good Conduct Medal (AGCM), 4th Award; Vietnam Service Medal
(VSN); Republic of Vietnam Campaign Medal (RVNCM) with Device 1960; and
Expert Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant provides a 3rd Infantry Division Certificate, which shows
the FSM served with this division in Korea for 10 months and was assigned
to
65th Infantry Regiment.  It also shows that he was entitled to the Korean
Service Medal (KSM) with 3 bronze service stars and to the American Theater
Service Medal, Asiatic-Pacific Theater Service Medal, World War II Victory
Medal, and Combat Infantryman Badge.
10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-10 contains guidance on the NDSM.  It states, in
pertinent part, that it was authorized for the following separate
qualifying periods of honorable active duty service:  27 June 1950 through
27 July 1954, both dates inclusive; and 1 January 1961 through 14 August
1974, both dates inclusive.  It further states that to signify second or
subsequent award of the NDSM, a bronze service star will be worn on the
service ribbon to denote a second or subsequent award of the NDSM for
Soldiers who served in more than one of the qualifying periods.

11.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.  Table B-1 contains a list of RVN campaigns and
shows that during the FSM's tenure of assignment in the RVN, campaign
credit was granted for the Vietnam Counteroffensive Phase III, TET
Counteroffensive 1968, Vietnam Counteroffensive Phase IV, and Vietnam
Counteroffensive Phase V campaigns.

12.  Paragraph 5-9 of the awards regulation contains guidance on the KSM.
It states, in pertinent part, that it is authorized for service in Korea
between 27 June 1950 and 27 July 1954, and that a bronze service star is
authorized with it for each campaign a member is credited with
participating in while serving in Korea during the qualifying period.

13.  Paragraph 8-6 of the awards regulation contains guidance on the CIB.
It states, in pertinent part, that there are three basic requirements that
must be met to support award of the CIB.  The requirements are that the
member be an infantryman satisfactorily performing infantry duties, be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and actively participate in such ground combat.

14.  Paragraph 9-5 of the awards regulation contains guidance on the United
Nations Service Medal (UNSM).  It states, in pertinent part, that it is
authorized for service in Korea between 27 June 1950 and 27 July 1954,
inclusive, and that members who were awarded the KSM gain automatic
entitlement to the UNSM.

15.  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.  It confirms that during his tenure of
assignment in the RVN and with his units, the units earned the Valorous
Unit Award (VUA),
2 awards of the Meritorious Unit Commendation (MUC), RVN Civil Actions
Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm
Unit Citation.

16.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register) establishes the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during the Korean War.  This source confirms that during his
tenure of assignment, the applicant’s unit (65th Infantry Regiment)
received the Republic of Korea Presidential Unit Citation (ROKPUC).

17.  The Republic of Korea- Korean War Service Medal (ROK-KWSM) was
approved by the ROK to pay tribute to eligible Korean War veterans, and the
Department of Defense approved acceptance and wear of the ROK-KWSM.  To
qualify for this award, a veteran must have served in the territorial
limits of Korea for 30 consecutive or 60 non-consecutive days between
25 June 1950 and
27 July 1953.

18.  The Secretary of Defense approved the implementing instructions and
criteria for the Korean Defense Service Medal (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.  Army Human Resources Command Message
(Date Time Group 9 February 2004) published implementing instructions for
award of the KDSM.  This message specified criteria for the award of the
KDSM and stipulated, in pertinent part, that it was authorized for 30
consecutive days of service in Korea during the qualifying period.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Although at the time the FSM's retirement, only awards earned during
the period covered by the DD Form 214 were entered on the document.  The
current regulation calls for all awards earned during military service to
be entered on the final DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the FSM either earned or is entitled to
the following awards based on his World War II service:  AOM with Germany
Clasp; ACM; APCM; and 3 Overseas Service Bars.

2.   The evidence also shows the FSM is entitled to the following awards
for his service during the Korean Conflict:  NDSM; KSM with 3 bronze
service stars; UNSM; ROKPUC; ROK-KWSM.  It also shows that during the
Korean Conflict, the FSM held and served in MOS 1745 (Light Weapons
Infantryman), served in a qualifying infantry unit (65th Infantry Regiment)
and actively participated in ground combat with the unit, as evidenced by
the 3rd Infantry Division Certificate provided, he is entitled to the CIB
and it should be awarded at this time.   It further shows that based on his
service in Korea between 1958 and 1959, he is entitled to the KDSM.

3.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, the FSM is entitled to the VUA, MUC (2),
RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry
Cross with Palm Unit Citation, 4 bronze service stars with his VSM, and 1
bronze service star with his NDSM.

4.  The FSM's record also confirms that he earned the following awards
during his military service:  ARCOM; AGCM (4th Award); Expert Marksmanship
Qualification Badge with Rifle Bar; and Sharpshooter Marksmanship Badge
with Rifle Bar.

5.  Although many of the awards in question were included on various
separation documents issued to the FSM at the end of specific periods of
service, some were not.  Therefore, in the interest of equity and clarity,
it would be appropriate to issue the applicant a correction to the FSM's
final separation document that lists all awards he earned or gained
entitlement to throughout his military service.

BOARD VOTE:

___WDP_  __PMS__  ___JLP__  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 amending the FSM's final 28 February
1969 DD Form 214 by deleting the current list of awards contained in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) and replacing it with the entry "Army
Commendation Medal, Army Good Conduct Medal (4th Award), National Defense
Service Medal with 1 bronze service star, American Campaign Medal, Asiatic-
Pacific Campaign Medal, World War II Victory Medal, Army of Occupational
Medal with Germany Clasp, National Defense Service Medal, Korean Service
Medal with 3 bronze service stars, United Nations Service Medal, Republic
of Korea Presidential Unit Citation, Republic of Korea-Korean War Service
Medal, Korean Defense Service Medal, Vietnam Service Medal with 4 bronze
service stars, Republic of Vietnam Campaign Medal with 1960 Device,
Valorous Unit Award, Meritorious Unit Commendation (2nd Award), Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge,
Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar"; and by providing the
applicant a correction to the FSM's separation document that includes these
awards.




                            _____William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008649                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/02/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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