RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060013623


      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. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 Item 27 (Remarks) and Item 28
(Mailing Address After Separation) of his 30 April 1978 separation document
(DD Form 214) be corrected.

2.  The applicant states, in effect, that Item 27 of his final DD Form 214
should contain an entry documenting his service in the Republic of Vietnam
(RVN) and should include the Korean Defense Service Medal.  He also states
that Item 28 should contain the address 170 Maple Trail, Belton, Texas.
The applicant claims that his DD Form 214 should contain correct data at
all times and that this information could be crucial at the time of his
death.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 April 1978, the date of his final separation for
retirement.  The application submitted in this case is dated 12 September
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's record shows that he initially entered active duty on
26 April 1948.  His qualification records (DA Form 20 and DA Form 2-1) show
he served in Korea from 29 September 1951 through 13 September 1952 and
from
11 August 1964 through 25 August 1965.  They also show he served in Germany
from 18 February 1969 through 5 March 1961 and from 4 September 1968
through 14 August 1971; and that he completed a tour in the RVN from 30
June 1967 through 28 July 1968.

4.  The applicant's qualification records also show that he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM) 1st Oak Leaf Cluster; Bronze Star Medal (BSM) 2nd Oak Leaf
Cluster; Air Medal (AM); Army Commendation Medal (ARCOM) 2nd Oak Leaf
Cluster; Army Good Conduct Medal (AGCM) 8th Award; Korean Service Medal
(KSM) with 3 bronze service stars; United Nations Service Medal (UNSM);
Korea Presidential Unit Citation (ROKPUC);Vietnam Service Medal (VSM) with
4 bronze service stars; RVN Campaign Medal with 60 Device; RVN Gallantry
Cross with Palm Unit Citation; RVN Civil Actions Honor Medal First Class
Unit Citation; Presidential Unit Citation (PUC); Combat Infantryman Badge
(CIB); and Expert Marksmanship Qualification Record with Rifle Bar.

5.  On 25 April 1951, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The DD Form 214 he was issued at the
time shows he completed no foreign service during this period.

6.  On 26 April 1951, the applicant reenlisted and served until 25 April
1957, at which time he was honorably discharged for the purpose of
immediate reenlistment.  The DD Form 214 he was issued at the time shows he
completed 11 months and 14 days of overseas service during the period
covered by the
DD Form 214.

7.  On 26 April 1957, the applicant reenlisted and served until being
honorably discharged for the purpose of immediate reenlistment on 7 March
1961.  The DD Form 214 he was issued at this time shows he completed 2
years and 19 days of foreign service during the period covered by the
separation document.

8.  On 8 March 1961, the applicant reenlisted and he continued to serve
until being honorably discharged for the purpose of immediate reenlistment
on 6 March 1964.  The DD Form 214 he was issued at the time shows he
completed
2 years and 18 days of foreign service during the period covered by the
report and that the last overseas major command in which he served was the
United States Army Europe (USAREUR).

9.  On 7 March 1964, the applicant reenlisted and he continued to serve
until being honorably discharged for the purpose of immediate reenlistment
on
6 March 1969.  The DD Form 214 he was issued at the time shows he completed
2 years, 7 months, and 17 days of foreign service during the period covered
by the separation document and that the last overseas major command in
which he served was the USAREUR.

10.  On 7 March 1969, the applicant reenlisted and he continuously served
until being honorably discharged for the purpose of immediate reenlistment
on 10 February 1972.  The DD Form 214 he was issued at this time shows that
he completed 2 years, 5 months, and 9 days of foreign service during the
period covered by the report.

11.  On 11 February 1972, the applicant reenlisted and he continuously
served until being honorably discharged for the purpose of immediate
reenlistment on
6 February 1975.  The DD Form 214 he was issued at the time shows he
completed 4 months and 8 days of foreign service during the period covered
by the separation document.  Item 19 (Indochina or Korean Service Since
1964) contains an entry confirming he served in the RVN from 30 June 1967
through
28 July 1968; and that he served in Korea from 11 August 1964 through
25 August 1975 and from 29 September 1974 through the Present
(6 February 1975, effective date of DD Form 214).

12.  On 7 February 1975, the applicant reenlisted and continued to serve
until being honorably released from active duty for the purpose of
retirement on 30 April 1978.  The DD Form 214 he was issued at the time
shows he completed
1 year, 8 months, and 4 days of foreign service during the period covered
by the separation document, and that he held the rank of command sergeant
major (CSM) on the date of his retirement.  Item 19 contains an entry
containing the dates 30 June 1967 through 29 July 1968.

13.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's final DD Form
214 shows he earned the following awards during his active duty tenure:
NDSM 1st Oak Leaf Cluster; KSM; UNSM; VSM; RVN Campaign Medal; BSM 2nd Oak
Leaf Cluster; AM; CIB; with Star; PUC; RVNGC with Palm; ARCOM 3rd Oak Leaf
Cluster; ROKPUC; AGCM 8th Award; and RVN Civil Actions Honor Medal.

14.  Item 27 of the applicant's 30 April 1968 DD Form 214 contains an entry
showing his last overseas tour was in Korea from 29 September 1974 through
10 October 1976.  Item 29 contains a mailing address in Belton, Texas, and
the applicant authenticated this document with his signature in Item 29
(Signature of Person Being Separated) on the date of his separation.

15.  On 9 January 1991, a correction (DD Form 215) to the applicant's 30
April 1978 DD Form 214 was issued.  This document amended Item 26 by adding
the Legion of Merit.

16.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-20 contains guidance on the Korea Defense Service
Medal (KDSM).  It states, in pertinent part, that it is authorized for
members who served in Korea from 28 July 1954 to a date to be determined by
the Secretary of Defense.

17.  Paragraph 9-16 of the awards regulation contains guidance on the
Republic of Korea-Korean War Service Medal (ROK-KWSM).  It states, in
pertinent part, that it is authorized for members who served in Korea
between 25 June 1950 and 27 July 1953.

18.  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.  It states, in pertinent part, that the DD Form 214 is a summary of a
Soldier's most recent period of continuous active duty.  Chapter 2 contains
instructions for the preparation of the DD Form 214.

19.  The version of the separation documents regulation in effect at the
time of the applicant's retirement stated that Indochina or Korea service
completed since 15 August 1964 would be entered in Item 19.  It further
indicated that for Vietnam service, the yes block would be checked and the
specific dates of service would be entered (i/e "RVN 15 Jan 70-14 Jan 71").
 If further indicated that for Korea service specific dates of service were
not required.

20.  The separation documents regulation instructions for Item 26 in effect
at the time of the applicant's retirement stated that all awards received
during all periods of service would be entered.  The instructions of Item
27 stated that an entry would be made that included the country and dates
the last period of overseas service was performed; however, there was no
specific requirement to include a special entry for RVN service.  The
instructions for Item 28 were that the mailing address provided by the
member would entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 27 and Item 28 of his final DD
Form 214 should be corrected was carefully considered and found to have
partial merit.

2.  The evidence of record shows that the applicant served in the RVN from
30 June 1967 through 28 July 1968, and that this service is documented in
Item 19 of his final DD Form 214.  However, there is no portion of the
entry that indicates the service was completed in the RVN, as is indicated
in the example provided in the regulation in effect at the time.
Therefore, it would be appropriate to amend the current entry in Item 19 to
read "Vietnam:  30 June 1967-28 July 1968".  The applicant is advised that
during this period, there were no provisions for providing RVN service
entries in Item 27.

3.  The evidence of record also shows that he is entitled to the ROK-KWSM
based on his service in Korea from 29 September 1951 through 13 September
1952; and that he is entitled to the KDSM based on his service in Korea
from
11 August 1964 through 25 August 1965.  Therefore, it would be appropriate
to add these awards to Item 26 of his final DD Form 214.

4.  By regulation, the DD Form 214 is a summary of a Soldier's most recent
period of continuous active duty.  As a result, there are no provisions for
continually updating a member's mailing address after they are separated.
The address entered in Item 28 of the applicant's final DD Form 214 is
presumed to be the address he provided at the time.  Therefore, there is an
insufficient evidentiary basis to support any subsequent change to this
entry based on any subsequent change of address.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  __WFC _  __DED  _  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 30 April
1978 DD Form 214 as follows:

      a.  Item 19 - amend to read "Vietnam:  30 June 1967-28 July 1968";

      b.  Item 26 - amend by adding the Republic of Korea-Korean War
Service Medal and Korea Defense Service Medal; and

      c.  providing him a correction to his separation document that
includes these changes.

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
adding an entry pertaining to Vietnam service in Item 27 and to changing
the address listed in Item 28 of his final DD Form 214.




                            _____William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013623                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1978/04/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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