RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012165 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jeffrey Redmann

Member

Mr. Scott Faught

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 military records be corrected to show award of the United Nations Medal, the Air Crewman Badge (correctly known as the Aircraft Crew Member Badge), two awards of the Meritorious Unit Commendation, the Korean War Service Medal, the Korea Defense Service Medal, and the Air Medal with Numeral “3.”  

2.  The applicant states, in effect, that the awards and decorations shown on a 
10 August 2006 letter from the National Personnel Records Center in St. Louis, Missouri are incorrect (i.e. the Army Commendation Medal with two bronze Oak Leaf Clusters and the Good Conduct Medal (4th Award)).  He also states that this letter incorrectly states that “No record has been found” to show he was authorized the Meritorious Unit Commendation and the Air Crew Member Badge. He further states that the Armed Forces Expeditionary Medal should be removed from this letter.     

3.  The applicant states that he never received the United Nations Medal and that he is entitled to the Aircraft Crew Member Badge for his services as a machine gunner on an armed gunship in Vietnam, two awards of the Meritorious Unit Commendation (one for service in Korea and one for service in Vietnam), the Korean War Service Medal, and the Korea Defense Service Medal.   

4.  The applicant provides eight applications; a letter, dated 10 August 2006, from the National Personnel Records Center, St. Louis, Missouri; service personnel records; orders for four awards of the Army Commendation Medal; a DD Form 214 (Report of Transfer or Discharge); orders for four awards of the Air Medal; and a DD Form 214 (Report of Separation from the Armed Forces of the United States).  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
28 February 1971.  The application submitted in this case is dated 18 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 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.  Having prior inactive service in the U.S. Navy, the applicant enlisted in the Regular Army on 18 December 1950.  It appears the applicant did not complete any formal advanced individual training (AIT).  He remained on active duty through continuous reenlistments.  

4.  The applicant served as a combat construction specialist assigned to Company B, 13th Engineer Combat Battalion in Korea from 25 April 1951 to 
20 February 1952.  He served two additional tours in Korea from 5 May 1961 to 
3 August 1962 and from 14 January 1965 to 5 April 1966.  

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 65th Engineer Battalion in Vietnam from 14 May 1964 to 6 September 1964 and his duty military occupational specialty (MOS) was 121.60 (combat engineer) and his principal duty was squad leader.  He was assigned to Company C, 20th Engineer Battalion in Vietnam from 4 May 1966 to 10 May 1967 and his duty MOS was 12B (combat engineer) and his principal duties were squad leader and platoon sergeant.  He was assigned to Company D, 35th Engineer Battalion in Vietnam from 9 January 1969 to 8 January 1970 and his duty MOS was 12B and his principal duty was platoon sergeant.  

6.  On 28 February 1971, the applicant retired in the rank of platoon sergeant after completing over 20 years of active duty.    

7.  The applicant’s DD Form 214 for the period ending 28 February 1971 shows the Army Commendation Medal with Second Oak Leaf Cluster, the Army Commendation Medal with Third Oak Leaf Cluster, the Vietnam Service Medal with one silver service star, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device 1960, the Good Conduct Medal (4th Award), the National Defense Service Medal with one bronze service star, the Good Conduct Medal (5th Award), and the Bronze Star  Medal as authorized awards. 

8.  There are no authorizing documents for the United Nations Medal in the applicant's service personnel records.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II and the Korean War.  This document shows the applicant's unit received the Meritorious Unit Commendation for actions during the period 
11 September 1950 to 10 May 1951 based on Department of the Army General Orders Number 38-52.  His unit received a second award of the Meritorious Unit Commendation for actions during the period 1 September 1951 to 29 February 1952 based on Department of the Army General Orders Number 108-52.

10.  There are no orders for the Aircraft Crew Member Badge in the applicant’s service personnel records.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (20th Engineer Battalion) received the Meritorious Unit Commendation for actions during the period 
1 January 1966 to 31 January 1967 based on Department of the Army General Orders Number 37, dated 1970.  This unit received a second award of the Meritorious Unit Commendation for actions during the period 1 March 1967 to 
31 May 1968 based on Department of the Army General Orders Number 48, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit (35th Engineer Battalion) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

14.  Headquarters, United States Army Support Command, Vietnam, General Orders Number 527, dated 12 September 1964, show the applicant received the Air Medal with Third Oak Leaf Cluster.  His three Air Medal orders show he performed qualifying duties from 26 May 1964 to 16 August 1964. 

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the United Nations Medal.  This medal is awarded in the name of the Secretary General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon, the United Nations Truce Supervision Organization in Palestine, the United Nations Military Observer Group in India and Pakistan, or the United Nations Security Forces, Hollandia.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge (i.e., currently known as the Aviation Badge) may be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.  Paragraph 28a(1) of this regulation states that for award of this badge, an individual must be on flying status, have performed crewmember or noncrewmember flying duties for not less than 12 months (not necessarily consecutive), or by logging not less than 48 flight hours (whichever comes first), or be school trained.  

17.  The Government of the Republic of Korea issued the Korean 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.

18.  Army Regulation 600-8-22 (Military Awards) 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:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3)  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. 
19.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his awards and decorations on the 
10 August 2006 National Personnel Records Center letter was noted.  However, this letter is not an Army document and therefore cannot be corrected by the Board.   

2.  There are no authorizing documents for the United Nations Medal in the applicant’s service personnel records.  There is also no evidence of record which shows he served in an eligible operation.   Therefore, there is insufficient evidence on which to base award of this medal at this time.  

3.  There are no orders for the Aircraft Crew Member Badge.  There is also no evidence of record which shows the applicant was school-trained in career management field 67 or performed crewmember or noncrewmember flying duties for not less than 12 months (the awards of the Air Medal show only 3-4 months). There is no evidence to show how may flight hours he logged.  Therefore, there is insufficient evidence on which to base award of this badge.   

4.  The applicant’s units in Korea and Vietnam were cited for four awards of the Meritorious Unit Commendation while he was assigned to them.  Therefore, his DD Form 214 for the period ending 28 February 1971 should be corrected to show four awards of the Meritorious Unit Commendation.

5.  The applicant served a period of qualifying service for award of the ROK-KWSM and the Korea Defense Service Medal. 

6.  Orders show the applicant received four awards of the Air Medal.  Therefore, his DD Form 214 for the period ending 28 February 1971 should be corrected to show the Air Medal with Numeral “4.” 

7.  The applicant's unit (35th Engineer Battalion) received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  
9.  Records show the applicant should have discovered the alleged errors now under consideration on 28 February 1971; therefore, the time for the applicant to file a request for correction of any error expired on 27 February 1974.  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 

LS______  __JR____  __SF___  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 amending his DD Form 214 for the period ending 
28 February1971 to add four awards of the Meritorious Unit Commendation, the ROK-KWSM, the Korea Defense Service Medal, the Air Medal with Numeral “4,” the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 award of the United Nations Medal and the Aircraft Crew Member Badge.  




__Linda Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012165
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.