RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060010778 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Armed Forces Expeditionary Medal. 

2.  The applicant states, in effect, that he served with the Military Advisory Group in the Republic of Vietnam during the period of eligibility for award of the Armed Forces Expeditionary Medal.

3.  The applicant provides a copy of his DD form 214 and a description of the Armed Forces Expeditionary Medal with a listing of designated military operations and dates.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 April 1968, the date of his retirement.  The application submitted in this case is dated 14 July 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 5 April 1943, the applicant was inducted into the Army of the United States.  He completed his initial training and was assigned to the 30th Infantry Regiment for duty in the European Theater of Operations (ETO) as an infantryman.  He served in the ETO from 21 September 1943 to 9 October 1945.

4.  On 29 October 1945, the applicant was honorably discharged.  He attained the rank of technical sergeant and had completed 2 years, 6 months, and 
17 days of creditable active duty.

5.  The applicant's Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) shows that he served with Company G, 
30th Infantry Regiment.  His military occupational specialty was 745 (Platoon Sergeant).  Item 31(Military Qualification and Date), of this form, shows award of the Combat Infantryman Badge.  Item 32 (Battles and Campaigns), of this form,   shows the following five campaigns: Naples Foggia, Rome Arno, Southern France, Rhineland, and Central Europe.  Item 33 (Decorations and Citations), of this form, shows his awards as the Silver Star, Purple Heart with an Oak Leaf Cluster, Good Conduct Medal, Distinguished Unit Citation [redesignated as the Presidential Unit Citation], Croix de Guerre, and the European-African-Middle-Eastern Campaign Medal with five bronze service stars [currently one silver service star would be appropriate].   The Army of Occupation Medal and the World War II Victory Medal are not listed.

6.  On 26 September 1950, the applicant reentered active duty as an enlisted reserve in the rank of sergeant first class.  On 20 August 1951, he reenlisted into the Regular Army and served until his honorable discharge on 19 April 1952.

7.  On 28 February 1952, the applicant was appointed as a second lieutenant in the United States Army Reserve and was called to active duty in the Army of the United States on 20 April 1952.  

8.  On 30 April 1968, the applicant voluntarily retired.  He attained the rank of major, pay grade O4, and had completed 20 years, 1 month and 23 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows his awards as the Silver Star, Bronze Star Medal, Purple Heart with Oak Leaf Cluster, Commendation Ribbon with Metal Pendant (redesignated as the Army Commendation Medal), Presidential Unit Citation (two awards), National Defense Service Medal (two awards), European-African-Middle-Eastern Campaign Medal with a silver service star and arrowhead, French Fourragere, Korean Service Medal, United Nations Service Medal, Republic of Korea Unit Citation,  Vietnam Service Medal, Vietnam Campaign Medal with "1960" Device, Armed Forces Reserve Medal, Combat Infantryman Badge (two awards).  It does not show award of the Armed Forces Expeditionary Medal, United Stated Army Retired Lapel Button, or any marksmanship qualification badges. 

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55 or DD Form 214.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 30th Infantry Regiment, during the time of the applicant's assignment, participated in the occupation of Germany from 9 May to 8 November 1945, a qualifying period for award of the Army of Occupation Medal with Germany Clasp.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location, serving as an inspector, courier, escort, or on temporary or detached duty are precluded from eligibility.  The award of the Army of Occupation Medal for Germany (exclusive of Berlin) is authorized for service in Germany between
9 May 1945 and 5 May 1955.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

14.  The applicant's records show that he served in the Republic of Korea as an Air-Ground Training Officer with Eighth United States Army Special Troops from 9 May 1953 to his return to the United States on 13 September 1954.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Korea, he participated in the Korea Summer 1953 Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

16.  The applicant's Officer Qualification Record (DA Form 66) shows in Item 
23 (Qualification in Arms) that on 2 May 1961, he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

17.  The applicant served as a battalion advisor with the 48th Infantry Regiment, in the Republic of Vietnam, from 20 May 1963 to his return to the United States 17 May 1964.

18.  Army Regulation 600-8-22, 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. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  This regulation further provides that service in the Republic of Vietnam between 1 July 1958 and 3 July 1965 qualified for award of the Armed Forces Expeditionary Medal.

19.  Army Regulation 600-8-22, provides, in pertinent part, for award of the United States Army Retired Lapel Button to retired personnel who are in possession of DD Form 2 (US Uniformed Services Identification Card)(Retired).

20.  The Government of the Republic of Korea issued the Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served in the Republic of Vietnam during a qualifying period for award of the Armed Forces Expeditionary Medal.  Therefore, the applicant's records should be corrected to show this award.
 
2.  Records show that the applicant's unit was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, his records should be corrected to show this unit award.

3.  Records show that the applicant served on active duty during a qualifying period of time for award of the World War II Victory Medal.   Therefore, his records should be corrected to show this award. 

4.  Records show that the applicant participated in one campaign during his service in the Republic of Korea.  Therefore, he is eligible for award of a bronze service star to be affixed to his Korean Service Medal.

5.  Records show the applicant qualified as a sharpshooter with a carbine.  Therefore, his records should be corrected to show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

6.  Records show that the applicant retired from the United States Army.  Therefore, his records should be corrected to show award of the United States Army Retired Lapel Button.

7.  The evidence of record clearly shows that the applicant served in the Republic of Korea during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, the applicant's records should be corrected to show this award. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 April 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 April 1971.  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:

__LMD __  _LCB ___  __TSK__  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 that, in addition to the awards shown on his WD AGO Form 53-55, and his DD Form 214, his authorized awards include the Armed Forces Expeditionary Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, United States Army Retired Lapel Button, Republic of Korea War Service Medal, and one bronze service star to be affixed to his Korean Service Medal.





__     Ted S. Kanamine_____
          CHAIRPERSON



INDEX

CASE ID
AR20060010778
SUFFIX

RECON
 
DATE BOARDED
20070227 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.