RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2007
      DOCKET NUMBER:  AR20060011972


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |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:

      a.  she be awarded the Korea Defense Service Medal; the Army of
Occupation Medal, with Germany Clasp; and the Army of Occupation Medal,
with Korea Clasp;

      b.  the place of birth recorded on her DD Form 214, Armed Forces of
the United States Report of Transfer or Discharge, with an effective date
of separation of 30 June 1973, be corrected to read:  Huntington, Vermont;

      c.  the place of her entry into active service recorded on her DD
Form 214 be corrected to read:  Burlington, Vermont; and that

      d.  Item 22.b. (Total Active Service), of her DD Form 214, be
corrected to show 30 years, 2 months, and 21 days.

2.  The applicant added an extension to her DD Form 149, Application for
Correction of Military Record, to state her logic and her justification for
the corrections she believes are necessary.

3.  In support of her application, the applicant submitted a copy of her
WD AGO Form 53-98, Military Record and Report of Separation – Certificate
of Service, with an effective date of her relief from active duty of 14
June 1947; a copy of her DD Form 214, with an effective date of
separation of 30 June 1973; and a copy of correspondence she received
from the National Personnel Records Center, St. Louis, Missouri, dated 27
July 2006.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel assisted the applicant in the preparation of her application to the
Board; however, he has elected to remain silent.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error and injustice, which
occurred on 30 June 1973, the date of her separation, for the purpose of
retirement.  The application submitted in this case is dated 14 August
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 limitation 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 military records show she was appointed a Reserve
Nurse, in the rank of Second Lieutenant, on 10 April 1943.  She entered
active duty as an Operating Room Nurse, in the Military Occupational
Specialty, 3443, on 19 April 1943.

4.  The applicant was honorably released from active duty and transferred
to the US Army Reserve (USAR), in the rank of Captain, on 14 June 1947, at
demobilization.  On the date of her release from active duty, she had
completed 4 years, 1 month, and 25 days active duty service.

5.  The applicant's WD AGO Form 53-98 shows she was awarded:  the American
Theater Service Medal [now known as the American Campaign Medal]; the World
War II Victory Medal; and the European-African-Middle Eastern Service
Medal, with three bronze service stars [this service medal is now known as
the European-African-Middle Eastern Campaign Medal].  Item 49 (Remarks), of
the applicant's WD AGO Form 53-98, shows she was also awarded the Honorable
Service Lapel Button.  No other awards are shown on the applicant's WD AGO
Form 53-98.

6.  Item 6 (Organization), of the applicant's WD AGO Form 53-98, shows
she was assigned to the 16th General Hospital, Belgium.  Item 28 (Battles
and Campaigns), of this same form, shows she participated in the
Rhineland, Northern France, and Ardennes campaigns of World War II.  Item
32 (Service Outside Continental U.S. and Return), of this same form,
shows she served in the European Theater of Operations from 29 December
1943 through 10 November 1945.

7.  Item 18 (Record of Assignments), of the applicant's DA Form 66, Officer
Qualification Record, shows she served with the 16th General Hospital from
3 November 1943 through 5 January 1946.  The unit is incorrectly identified
as being located at Fort Devens, Massachusetts.
8.  DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit
Register, dated 6 July 1961, shows the unit the applicant was assigned to
was awarded the Meritorious Unit Commendation for the period 1 December
1944 through 31 March 1945, by General Orders Number 232, Headquarters,
Theater Service Forces, dated 5 September 1945.  This unit award is not
shown on the applicant's WD AGO Form 53-98.

9.  There is no evidence, in DA Pamphlet 672-1, the applicant's wartime
unit in Europe was awarded credit for the occupation of Germany.

10.  The applicant remained in the US Army Reserve, not on active duty,
from 15 June 1947 through 22 October 1950, when she was ordered to active
duty.  On 7 May 1951, the applicant was commissioned in the Regular Army.
She remained on active duty until she was separated for the purpose of
retirement on 30 June 1973.  She was transferred to the Retired Reserve in
the rank of Colonel on 1 July 1973.

11.  The DD Form 214 the applicant was issued on her separation, for the
purpose of retirement, shows, in Item 8 (Place of Birth), she was born in
Huntington Center, VD.  It is apparent the abbreviation used to identify
the state was incorrect.

12.  The DD Form 214 the applicant was issued shows, in Item 20 (Place of
Entry into Current Active Service), she entered active duty at Burlington,
VD.  It is apparent the abbreviation used to identify the state was
incorrect.

13.  The DD Form 214 the applicant was issued shows, in Item 21 (Home of
Record at Time of Entry into Active Service), her home of record at the
time of her entry on active duty was, Huntington (Chittenden), VD.  It is
apparent the abbreviation used to identify the state was incorrect.

14.  On the date of her separation, for the purpose of retirement, the
applicant had completed the following service:

      Officer Reserve Service
            (Not on Active Duty)        10 April 1943 – 18 April 1943
      for 9 days service.


      Active Duty Service               19 April 1943 – 14 June 1947
      for 4 years, 1 month, and 25 days active duty service.
      Officer Reserve Service
            (Not on Active Duty)        15 June 1947 – 22 October 1950
      for 3 years, 4 months, and 8 days service.


      Active Duty Service               23 October 1950 – 30 June 1973
      for 22 years, 8 months, and 8 days active duty service.


The total of all her service (active and inactive service) was 30 years, 2
months, and 22 days.  Of this service, 26 years, 10 months, and 5 days were
served on active duty.

15.  Item 22 (Statement of Service), of the applicant's DD Form 214, shows
the following service, in years, months, and days:

      Item 22.a. (1) (Net Service this Period):          22 / 08 / 08

      Item 22.a. (2) (Other Service):              07 / 06 / 13

      Item 22.a, (3) (Total (Line(1) plus Line (2):      30 / 02 / 21

      Item 22.b. Total Active Service:             26 / 10 / 04

16.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows she was awarded the Korean Service Medal; the United Nations Service
Medal; the Meritorious Unit Commendation; the Republic of Korea
Presidential Unit Citation; the Commendation Ribbon, with Metal Pendant;
the National Defense Service Medal, with oak leaf cluster; the Army
Commendation Medal, with oak leaf cluster; the Meritorious Service Medal;
and the Legion of Merit.  Awards of the Army Commendation Ribbon and of the
Commendation Ribbon, with Metal Pendant, were redesignated by Department of
the Army General Orders 10, dated 31 March 1960, as awards of the Army
Commendation Medal, without amendment of orders previously issued.

17.  Item 18 (Record of Assignments), of the applicant's DA Form 66, shows
the applicant was released from active duty on 14 June 1947.  There is no
evidence and the applicant provided none to show she was on active duty for
the period 15 June 1947 through 22 October 1950.
18.  Item 17 (Foreign Service), of the applicant's DA Form 66, shows the
applicant was assigned to FECOM (Far East Command), in Japan, from
12 December 1952 through 29 December 1952.  She was assigned to FECOM -
Korea from 30 December 1952 through 27 April 1954.

19.  While in the FECOM – Korea, the applicant was assigned to the 8076th
Mobile Army Surgical Hospital from 6 January 1953 through 1 February 1953
and with the 45th Mobile Army Surgical Hospital from 2 February 1953
through 27 April 1954.

20.  DA Pamphlet 672-1 shows the unit the applicant was assigned to, the
8076th Mobile Army Surgical Hospital, was awarded the Republic of Korea
Presidential Unit Citation, for the period 4 February 1952 through 15
September 1953, by Department of the Army General Orders (DAGO) Number 50,
dated 1954.  This unit award is shown on the applicant's DD Form 214.
There is no evidence in DA Pamphlet 672-1 the unit was awarded credit for
the occupation of Korea.

21.  DA Pamphlet 672-1 shows the unit the applicant was assigned to, the
45th Mobile Army Surgical Hospital, was awarded the Meritorious Unit
Commendation, for the period 1 April 1953 through 31 March 1954, by DAGO
Number 62, dated 1954.  This unit award is already shown on the
applicant's DD Form 214; however, during her service, the applicant
served with two units which were each awarded one Meritorious Unit
Commendation.

22.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the
Army of Occupation Medal, for the occupation of Korea, will be awarded for
service in Korea between 3 September 1945 and 29 June 1949, inclusive.
Service between 3 September 1945 and 2 March 1946 will be counted only if
the Asiatic-Pacific Campaign Medal was awarded for service before 3
September 1945.

23.  The Government of the Republic of Korea issued the Republic of Korea-
Korean War Service Medal 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 Republic of Korea-Korean War Service Medal.  To qualify for award of
the Republic of Korea-Korean War Service Medal, 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.

24.  Army Regulation 600-8-22 states that the Korea Defense Service Medal
is authorized for award to members of the Armed Forces of the United States
who have served on active duty in support of the defense of the Republic of
Korea. The area of eligibility and period of eligibility are as follows:
(a) the area of eligibility encompasses all land area of the Republic of
Korea, and the contiguous water out to 12 nautical miles, (b) all air
spaces above the land and water area.  The period of eligibility is 28 July
1954 to a date to be determined by the Secretary of Defense.

25.  The regulation continues that service members must have been assigned,
attached, or mobilized to units operating in the area of eligibility for
thirty (30) consecutive or for sixty (600 nonconsecutive days, or meet the
following criteria:  (a) be engaged in combat during an armed engagement,
regardless of the time in the area of eligibility, (b) be wounded or
injured in the line of duty and required medical evacuation from the area
of eligibility, or (c) be participating as a regularly assigned air
crewmember flying sorties into, out of, or within the area of eligibility
in direct support of military operations.  Each day that one or more
sorties are flown in accordance with these criteria will count as one day
toward the 30 or 60-day requirement, and personnel who serve in operations
and exercises conducted in the area of eligibility are considered eligible
for the award as long as the basic time criteria is met.  Due to the
extensive time period for Korea Defense Service Medal eligibility, the
nonconsecutive service period for eligibility remains cumulative throughout
the entire period.

26.  AR 600-8-22 states, in pertinent part, that the first oak leaf cluster
is awarded to denote the second and succeeding awards of certain
decorations, among which are the Meritorious Unit Commendation and the Army
Commendation Medal.

27.  AR 670-1, chapter 29, prescribes policy and guidance for wear of
U.S. and foreign unit awards.  This regulation states that a Soldier may
wear the unit award permanently if the individual was assigned to, and
present for duty with the unit any time during the period cited; or was
attached by competent orders to, and present for duty with the unit
during the entire period, or for at least 30 consecutive days of the
period cited.
DISCUSSION AND CONCLUSIONS:

1.  The evidence show the applicant served with a unit, the 16th General
Hospital, during World War II, which was cited for award of the Meritorious
Unit Commendation, at the time she was a member of the unit.  This unit
award is not shown on the applicant's WD AGO Form 53-98.  She is entitled
to have this award added to her WD AGO Form 53-98.

2.  There is no evidence, and the applicant provided none to show, the unit
she served with in the ETO during World War II, the 16th General Hospital,
was awarded credit for the occupation of Germany.  She is therefore not
entitled to award of the Army of Occupation Medal, with Germany Clasp, and
to have it added to her WD AGO Form 53-98.

3.  The evidences show the applicant was assigned to a unit in Korea, the
45th Mobile Army Surgical Hospital, which was awarded the Meritorious
Unit Commendation.  This unit award is already shown on the applicant's
DD Form 214; however, during her service, the applicant served with two
units which were each awarded one Meritorious Unit Commendation, while
she was a member of the unit.  Therefore, she is entitled to a correction
to her DD Form 214 to show she is entitled to award of the Meritorious
Unit Commendation, with oak leaf cluster.

4.  The evidence shows the applicant served during the qualifying period
for award of the Republic of Korea-Korean War Service Medal.  She is
therefore entitled to this award and to have it added to her DD Form 214.

5.  The evidence shows the applicant did not serve in Korea during the
qualifying period for award of the Korea Defense Service Medal.  She is
therefore not entitled to this award and to have it added to her DD Form
214.

6.  The evidence shows the applicant did not serve in Korea during the
qualifying period for award of the Army of Occupation Medal, for the
occupation of Korea.  She is therefore not entitled to this award and to
have it added to her DD Form 214.

7.  The applicant's claim that the total of her active duty service was 30
years, 2 months and 21 days is not supported by the evidence.  The evidence
shows the applicant had a combined total of 30 years, 2 months, and 22 days
active duty and Reserve service.  Of this service, 26 years, 10 months, and
5 days were served on active duty.  The remainder of her service was served
in the Reserve, not on active duty.

8.  Item 22.a. (2), of the applicant's DD Form 214, is incorrect.  The
total of her other service is 7 years, 5 months, and 14 days.  She is
entitled to a correction to show this service correctly.

9.  Item 22.a. (3), of the applicant's DD Form 214, is incorrect.  The
total of all the applicant's service (active and inactive) is 30 years, 2
months, and 22 days.  She is entitled to a correction to show this service
correctly.

10.  Item 22.b., of the applicant's DD Form 214, is incorrect.  Her total
active service is 26 years, 10 months, and 5 days.  She is entitled to a
correction to show this service correctly.

11.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 30 June 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 June 1976.  The applicant did not file within the
3-year statute of limitations; however, based on the available evidence
and argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_EM____  ___CLG _  _MJF ___  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 and adding a second award of the Meritorious Unit
Commendation to the applicant's WD AGO Form 53-98;

      b.  deleting the Meritorious Unit Commendation  from the applicant's
DD Form 214 and adding the Meritorious Unit Commendation, with oak leaf
cluster;
      c.  awarding the applicant the Republic of Korea-Korean War Service
Medal and adding this award to her DD Form 214;

      d.  deleting Huntington Center, VD, from Item 8, of the applicant's
DD Form 214, and correcting her DD Form 214 to show she was born in
Huntington Center, Vermont (VT);

      e.  deleting Burlington, VD, from Item 20, of the applicant's DD Form
214, and correcting her DD Form 214 to show she entered into her active
duty service at Burlington, Vermont (VT);

      f.  deleting Huntington (Chittenden), VD, from Item 21, of the
applicant's DD Form 214, and correcting her DD Form 214 to show her home of
record at the time of her entry into active service was Huntington
(Chittenden), Vermont (VT);

      g.  correcting Item 22.a. (2), of the applicant's DD Form 214, to
show she had 7 years, 5 months, and 14 days other service and correcting
Item 22.a. (3), of the applicant's DD Form 214, to show she had 30 years, 2
months, and 22 days total creditable service for basic pay purposes on the
date of her separation for the purpose of retirement.

      h.  correcting Item 22.b. of the applicant’s DD Form 214, to show she
had 26 years, 10 months, and 5 days of total active service on the date of
her separation for the purpose of retirement.

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:

      a.  awarding the applicant the Korea Defense Service Medal; the Army
of Occupation Medal, with Germany Clasp; and the Army of Occupation Medal,
with Korea Clasp, and adding these awards to her DD Form 214; and

      b.  correcting Item 22.b. (Total Active Service), of her DD Form 214,
to show she had 30 years, 2 months, and 21 days total active service on the
date of her separation from active duty, for the purpose of retirement.



                            _____Curtis L. Greenway _______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060011972                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |107.0141                                |
|4.                      |107.0060                                |
|5.                      |                                        |
|6.                      |                                        |


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