RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070002824 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine I Fields

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, correction of his records to show award of the Korea Defense Service Medal.

2.  The applicant states, in effect, that he served two overseas tours in the Republic of Korea; the first with the 4th U.S. Army Missile Command from July 1959 to August 1960 and the second with the 7th Division Artillery from July 1965 to August 1966.

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

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 27 August 1946.  This document shows the applicant was inducted into the U.S. Army on 27 December 1944.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 931 (Truck Driver, Heavy).  This document also shows he was assigned to Battery B, 868th Antiaircraft Artillery (Automatic Weapons) Battalion (from 24 July 1945 to 7 January 1946) and served in the Asiatic-Pacific Theater of Operations from 10 July 1945 to 6 August 1946.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Campaign Medal, Good Conduct Medal, World War II Victory Medal, and 2 Overseas Service Bars.  Item 31 (Military Qualifications and Badges) shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Rife Bar.  This document also shows the applicant was honorably discharged, in the grade of technician four, on 27 August 1946.
3.  The applicant's military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 10 September 1951.  This document shows the applicant entered active duty as a member of the Enlisted Reserve Component on 3 October 1950 and served in MOS 4056 (Mail Clerk).  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry, “None.”  This document also shows the applicant was honorably discharged, in the grade of corporal, on 10 September 1951.

4.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 10 September 1957.  This document shows the applicant enlisted in the Regular Army (RA) on 11 September 1951 and served in MOS 215.70 (Weather Observer).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army of Occupation Medal with Germany Clasp, Good Conduct Medal with
1 Loop, and the National Defense Service Medal.  This document also shows the applicant was honorably discharged, in the grade of sergeant first class (temporary), on 10 September 1957.

5.  The applicant's military service records contain a DD Form 214, with an effective date of 20 December 1962.  This document shows the applicant reenlisted in the RA on 11 September 1957 and served in MOS 103.60 (Ballistic Meteorology Crewman).  Item 26 shows, in pertinent part, that he was awarded the Army Commendation Medal, Good Conduct Medal with Bronze Loops, and the Marksman Marksmanship Qualification Badge with Carbine Rifle Bar.  This document also shows the applicant was honorably discharged, in the grade of sergeant first class (permanent), on 20 December 1962, for the purpose of accepting appointment as a warrant officer in the U.S. Army Reserve (USAR).

6.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 31 October 1970 and DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 29 July 1971.  These documents show, in pertinent part, the applicant was appointed as a warrant officer in the USAR on 21 December 1962 and served in MOS 201AO (Meteorology Technician).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by the DD Form 215, shows that he was awarded the Bronze Star Medal, Asiatic-Pacific Campaign Medal, American Campaign Medal, National Defense Service Medal (1st Oak Leaf Cluster), Armed Forces Expeditionary Medal, Vietnam Service Medal, Armed Forces Reserve Medal, Republic of Vietnam Campaign Medal, and 6 Overseas Service Bars.  This document also shows the applicant was honorably retired, in the grade of chief warrant officer three, on 31 October 1970, after completing 21 years and 9 months total active service and 25 years, 8 months, and 26 days total service.

7.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  The applicant's military service records contain a DA Form 66 (Officer Qualification Record).  Item 17 (Foreign Service) shows that he served in the Pacific Theater of Operations (PTO) from 20 June 1945 to 14 August 1946;
U.S. Army Europe (Germany) from 24 March 1952 to 14 March 1955; U.S. Army Pacific (USARPAC) (Taiwan) from 27 October 1958 to 10 April 1959; two tours in USARPAC (Korea) from 29 July 1959 to 1 August 1960 and from 22 July 1965 to 22 August 1966; and USARPAC (Vietnam) from 4 April 1968 to 22 March 1969. Item 18 (Record of Assignments) shows, in pertinent part, that he was assigned to Headquarters and Headquarters Battery, 7th Infantry Division Artillery (USARPAC – Korea) from 23 July 1965 to 24 August 1966; and Headquarters and Headquarters Battery, 1st Battalion, 92nd Artillery (USARPAC – Vietnam) from 10 April 1968 to 18 March 1969.  Item 21 (Awards and Decorations) shows he was awarded the Army of Occupation Medal with Germany Clasp, National Defense Service Medal with 1st Oak Leaf Cluster, Army Commendation Medal, World War II Victory Medal, Good Conduct Medal (5th Award), Asiatic-Pacific Campaign Medal, American Campaign Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Armed Forces Reserve Medal, and 6 Overseas Service Bars.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the campaigns and unit awards received by units serving in World War II.  This document shows that, at the time of the applicant's assignment to the 868th Antiaircraft Artillery (Automatic Weapons) Battalion, the unit was cited for participation in the Western Pacific (Ground) campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, lists the campaigns and unit awards received by units serving in Vietnam.  This document shows that during the Vietnam Conflict the applicant participated in the following campaigns: Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive.  This document also shows that, at the time of the applicant's assignment to the
1st Battalion, 92nd Artillery (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 54 (1974).

11.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Artillery and Missile School Brigade, Fort Sill, Oklahoma, Special Orders Number 39, dated 16 February 1968, which show that he was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

12.  The applicant's records contain a copy of Headquarters, 4th Infantry Division Artillery, Fort Lewis, Washington, Special Orders Number 181, dated 25 October 1961, which show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Rifle Bar.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the Asiatic-Pacific Campaign Medal for qualifying service in the Asiatic-Pacific Theater of Operations for the period 7 December 1941 to 2 March 1946.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of the Vietnam Service Medal for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes, in pertinent part, the Asiatic-Pacific Campaign Medal and the Vietnam Service Medal.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who 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.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

19.  The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia, message, dated
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 space 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.

20.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

21.  As a matter of information for the applicant, in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who 
faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  However, the applicant may submit an application for the certificate to the 
Commander, U.S. Army Human Resources Command, Cold War Recognition, 
Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Additional information is available on the Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Korea Defense Service Medal based on his service in the Republic of Korea.

2.  The evidence of record shows that, subsequent to 28 July 1954, the applicant served on active duty and completed two foreign service tours in the Republic of Korea (i.e., from 29 July 1959 to 1 August 1960 and from 22 July 1965 to
22 August 1966).  Therefore, the applicant is entitled to correction of his records to show this service medal.

3.  Records show that the applicant served in one campaign during World War II. Therefore, he is entitled to correction of his records to show award of 1 bronze service star to be affixed to his Asiatic-Pacific Campaign Medal.

4.  Records show that the applicant served in four campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Rifle Bar.  Therefore, it would be appropriate to correct his records to show these two badges.

7.  The evidence of record reveals that not all of the awards and decorations the applicant was awarded over the course of his Army career are listed in Item 24 of his final DD Form 214, with an effective date of 31 October 1970.  Specifically, 
the omitted awards include, the Army Commendation Medal, Good Conduct Medal (5th Award), Asiatic-Pacific Campaign Medal (i.e., with 1 bronze service star), World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Vietnam Service Medal (i.e., with 4 bronze service stars), Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Rifle Bar.  Therefore, the applicant’s final DD Form 214 should be corrected to show these awards.

BOARD VOTE:

___CVM_  ___DED_  ___ERM_  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 24 of his DD Form 214, with an effective date of 31 October 1970, the Army Commendation Medal, Army Good Conduct Medal (5th Award), Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Vietnam Service Medal with
4 bronze service stars, Korea Defense Service Medal, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Rifle Bar.




_____Conrad V. Meyer______
          CHAIRPERSON


INDEX

CASE ID
AR20070002824
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19701031
DISCHARGE AUTHORITY
Title 10 USC 1201 & 1372
DISCHARGE REASON
Permanent Disability Retirement
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Ms Mitrano
ISSUES         1.
107.0141.0000
2.

3.

4.

5.

6.