RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060015099 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry Jr.

Chairperson

Mr. Thomas E. O'Shaughnessy Jr.

Member

Mr. James R. Hastie

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 his records be corrected to show the Vietnam Service Medal, Senior Parachutist Badge, Soldier's Medal, military training, and correct overseas service time.

2.  The applicant states, in effect, that he already received the Korean Defense Service Medal, but it is not listed on his DD Form 214 (Report of Separation from Active Duty).  Also, the Vietnam Service Medal, Senior Parachutist Badge, and the Soldier's Medal are missing from his DD Form 214.

3.  He adds that he should have received the Soldier's Medal for saving two Soldier lives during a fire at the U.S. Embassy in Seoul, South Korea, on  
21 January 1975.  However, he received a Certificate of Appreciation from a colonel.

4.  The applicant provides: 

      a.  a copy of a DD Form 214;

      b.  a letter from an elected representative, dated 7 December 2006;

      c.  six copies of Certificates for completion of training;

      d.  a copy of a Certificate of Appreciation from the U.S. Army Garrison Yongsan, Seoul, South Korea dated 20 June 1975; and

      e.  two pages of data that shows the applicant's military service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
1 January 1979.  The application submitted in this case is dated 6 October 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 requested correction of his records to show award of the Soldier's Medal.  There are no orders or other evidence to show that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Soldier's Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, it will not be discussed further in this Records of Proceedings.

4.  The applicant's records show that he entered active duty on 19 October 1972. He completed basic combat training and advanced individual training and was awarded military occupational specialty 95B1O (Military Police).  He was honorably discharged on 1 January 1975 after serving a total of 2 years, 
2 months, and 12 days of active service.

5.  He immediately reenlisted and continued to serve on active duty until  
1 January 1979.  The DD Form 214 he was issued shows that he completed a total of 6 years, 2 months, and 13 days of active service.

6.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Records) shows that the applicant served in South Korea from  
29 April 1973 to 29 May 1975.  However, it does not show that the applicant served in the Republic of Vietnam.

7.  Item 18(f) (Foreign and/or Sea Service This Period) of the applicant's 
DD Form 214 for the period ending 1 January 1975 shows the entry 0 years,  
7 months, and 26 days.

8.  Item 19 (Indochina or Korea Service since August 5, 1964) of the applicant's DD Form 214 for the period ending 1 January 1975 shows the entries “Yes,  Korea (740505-750101).”

9.  Item 18(f) (Foreign and/or Sea Service This Period) of the applicant's 
DD Form 214 for the period ending 1 January 1979 shows the entry 0 years,  
4 months, and 28 days.

10.  Item 19 (Indochina or Korea Service since August 5, 1964) of the applicant's DD Form 214 issued on 1 January 1979 shows "Yes Korea (730429-750529).”

11.  The applicant’s DD Form 214, issued on 1 January 1979, Item  
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awards or Authorized) shows the awards of National Defense Service Medal, Armed Forces Expeditionary Medal, Parachutist Badge, and Expert Marksmanship Badge with Rifle Bar.  However, it does not show the awards of the Vietnam Service Medal or the Senior Parachutist Badge.

12.  The Department of the Army Certificate of Training shows that the applicant successfully completed four weeks of training for the Sentry Dog Handler's Course on 8 February 1974.

13.  The 82nd Airborne Division Certificate of Completion shows that the applicant successfully completed two weeks of training for the Air Movement Operations Course on 30 July 1976.

14.  A United States Army Military Police School Diploma shows that the applicant successfully completed the Noncommissioned Officers Basic Course on 1 March 1976.

15.  The Department of the Army Certificate of Training shows that the applicant successfully completed one week of "AG" Publications Course on 3 December 1976.

16.  The 82nd Airborne Division Certificate of Completion shows that the applicant successfully completed two weeks of training for the Jumpmaster Course on 14 January 1977.

17.  The Department of the Army Certificate of Training shows that the applicant successfully completed a one week "CBR" Officer/Noncommissioned Officer Course on 11 March 1977.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after  
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Senior Parachutist Badge.  Award of the Senior Parachutist Badge requires a rating of excellent in character and efficiency, completion of 30 jumps (15 with combat equipment, two night jumps with one as jumpmaster, two mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

20.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.

21.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July  
1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

22.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in Item 18 (Record of Service) of the DD Form 214 will be entered in item 18f (Foreign and/or Sea Service This Period).

23.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 27 (Remarks) will list formal in service training courses successfully completed during this period of service.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show the awards of the Vietnam Service Medal, Senior Parachutist Badge, military training, and his time spent overseas.

2.  Records show that the applicant is entitled to the award of the Korea Defense Service Medal for his service in South Korea during the period 29 April  
1973 to 29 May 1975.  Therefore, he is entitled to correction of his records to show this foreign award.

3.  Records show that the applicant reenlisted on 1 January 1975 in South Korea. He departed South Korea on 29 May 1975; therefore, the entry in item 18f (Foreign and/or Sea Service This Period) of the applicant's DD Form 214 for the period ending 1 January 1975, (7 months and 26 days), is in error and should be corrected to show 1 year, 8 months, and 3 days.  This DD Form 214 also incorrectly lists his Korean service dates as “740505-750101.” His correct Korean service dates are from “19730429-750101.”  

4.  The applicant’s DD Form 214 for the period ending 1 January 1979, item 18(f) (Foreign and/or Sea Service This Period) correctly shows 4 months and 28 days. However, item 19 of the DD Form 214 incorrectly lists his Korean service dates as "730429-750529."  His correct Korean service dates are from "19750102-750529."

5.  Records show that the applicant successfully completed four weeks of training for The Sentry Dog Handler's Course conducted between 7 January-8 February 1974.  The entry is correctly recorded on his DD Form 214 issued for the period ending on 1 January 1975.  No correction is need.

6.  Records show that the applicant successfully completed the Noncommissioned Officers Basic Course on 1 March 1976.  Therefore, he is entitled to correction of his records to show this entry in item 27 (Remarks) of the applicant's DD Form 214.

7.  Records show that the applicant successfully completed two weeks of training for the Air Movement Operations Course on 30 July 1976.  Therefore, he is entitled to correction of his records to show this entry in item 27 (Remarks) of the applicant's DD Form 214.

8.  Records show that the applicant successfully completed a one week "AG" Publications Course on 3 December 1976.  Therefore, he is entitled to correction of his records to show this entry in item 27 (Remarks) of the applicant's DD Form 214.

9.  Records show that the applicant successfully completed two weeks of training for the Jumpmaster Course on 14 January 1977.  Therefore, he is entitled to correction of his records to show this entry in item 27 (Remarks) of the applicant's DD Form 214.

10.  Records show that the applicant successfully completed a one week "CBR" Officer/Noncommissioned Officer Course on 11 March 1977.  Therefore, he is entitled to correction of his records to show this entry in item 27 (Remarks) of the applicant's DD Form 214.
11.  There is no evidence in the applicant's military service records that show service in the Republic of Vietnam, nor has the applicant provided evidence that he met all the requirements for an award of the Senior Parachutist Badge.  Therefore, he is not entitled to correction of his records to show these awards.

12.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 January 1979; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
31 December 1982.  The applicant did not file within the ABCMR’s statute of limitations; however, based on available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____hof__  ___teo__  ___jrh___  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 the DD Form 214 with the period ending 
1 January 1975 to show:   

a.  in item 18(f) (Foreign and/or Sea Service This Period) 1 year, 
8 months, and 3 days; and

b.  in item 19 his Korean service dates are “19730429-750101.

2.  Changing the DD Form 214 with the period ending 1 January 1979 to show:

	a.  in item 19 his Korean service dates are "19750102-750529";

b.  in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awards or Authorized) of the applicant's DD Form  
214 award of the Korea Defense Service Medal; and

c.  in item 27 (Remarks) of the applicant's DD Form 214 Noncommissioned Officers Basic Course, Air Movement Operations Course, "AG" Publications Course, Jumpmaster Course, and "CBR" Officer/ Noncommissioned Officer Course.

3.  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 the Vietnam Service Medal and the Senior Parachutist Badge.




__________Hubert O. Fry Jr._______
          CHAIRPERSON




INDEX

CASE ID
AR20060015099
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070522
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.