RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070003386 


	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. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the units he was assigned to during his tours of duty in the Republic of Korea and the Republic of Vietnam.  He further requests that all decorations, medals, badges, commendations, citations, and campaign ribbons, to which he is entitled, be shown on his DD Form 214.  The applicant also requests all specialized training he completed during his military service to be included in his record and to be provided a copy of Department of the Army General Order Number 45 which awarded the Presidential Unit Citation.

2.  The applicant states, in effect, that he desires to update his records to verify his eligibility for receipt of combat-related special compensation (CRSC).

3.  The applicant provides a copy of DA Form 20 (Enlisted Qualification Record) as documentary evidence in support of this 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 record shows that he enlisted into the United States Army on 10 April 1946.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 345 (Light Truck Driver).  During his second term of enlistment, the applicant reclassified his military occupational specialty completed to Construction Equipment Maintenance Repairman.  He continued to serve honorably on consecutive terms of enlistment until he retired on 
31 January 1970.  The applicant was recalled to active duty for the period 
1 September 1970 through 31 January 1972 when he was returned to the retired rolls.  The highest rank he attained while serving on active duty was first sergeant/pay grade E-8.

3.  The applicant's record shows that he served a tour of duty in the Republic of Korea during the period 27 July 1951 through 16 February 1952.  While there, he was assigned to Headquarters and Service Company, 930th Engineer Aviation Group during the period 27 July 1951 through 4 August 1951 and Headquarters and Service Company, 822nd Engineer Aviation Group during the period 
5 August 1951 through 16 February 1952.

4.  The applicant's record shows that he served two tours of duty in the Republic of Vietnam during the periods 8 February 1967 through 2 February 1968 and 
10 September 1970 through 9 September 1971.  While there, he was assigned to 510th Engineer Company during the period 8 February 1967 through 
26 September 1967 and Headquarters and Headquarters Company, 45th General Support Group during the period 27 September 1967 through 
2 February 1968.

5.  There are administrative discrepancies between the DA Form 20 provided by the National Archives and Records Administration and the DA Form 20 provided by the applicant.

6.  Review of the applicant's records shows that the source documents pertaining to individual awards, decorations, and training contained within his two WD AGO Forms 24A (Service Record) and his three DA Forms 201 (Military Personnel Records Jacket) are properly annotated on the DA Form 20 (Enlisted Qualification Record) provided by the National Archives and Records Administration.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that only the last unit of assignment and major command are entered on DD Form 214.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53 (Enlisted Record and Report of Separation), his DD Form 214 (Report of Separation from the Armed Forces of the United States) or his four DD Forms 214 (Armed Forces of the United States Report of Transfer of Discharge).

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

12.  Army Regulation 600-8-22 provides, in pertinent part, the Secretary of Defense approved a request for approval of foreign awards to US Military personnel on 7 February 1966.  As a result of this approval, the Republic of Vietnam Campaign Medal with 1960 device was awarded to US Armed Forces personnel by the Government of the Republic of Vietnam per Republic of Vietnam Armed Forces Order Number 48, dated 24 March 1966.  The acceptance, criteria and description was announced in the Federal Register, Volume 31, Number 147, dated 30 July 1966 (Title 32, Code of Federal Regulation 47).

13.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;



	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

14.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

15.  DA PAM 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam, 510th Engineer Company, was cited for award of the Meritorious Unit Commendation for actions during the period 1 September 1966 through 1 April 1967 by Department of the Army General Orders Number 17, dated 1968.

16.  DA PAM 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam, 815th Engineer Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 1 June 1970 through 31 May 1971by Department of the Army General Orders Number 43, dated 1972.

17.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record is administratively inaccurate and that he is entitled to additional recognition were carefully considered and found to be with merit.  The applicant was provided copies of the Department of the Army General Orders that he requested via facsimile on 8 November 2007.

2.  Records show the applicant served a qualifying period of service for award of the World War II Victory Medal.  Therefore, the applicant is entitled to award of the World War II Victory Medal and correction of his records to show this award.



3.  Records show the applicant served two qualifying periods of service for award of the National Defense Service Medal.  The second award of the National Defense Service Medal is denoted by a bronze service star affixed to the National Defense Service Medal.  Therefore, the applicant is entitled to award of an additional National Defense Service Medal and correction of his records to show this award.

4.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Records show the applicant served a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the applicant was authorized to accept award of the Republic of Vietnam Campaign Medal with 1960 Device for his service in the Republic of Vietnam.  Therefore, the applicant is entitled to have his records corrected to show the Republic of Vietnam Campaign Medal with 1960 Device.

6.  Records show the applicant served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, the applicant is entitled to award of the Republic of Korea War Service Medal and correction of his records to show this award.

7.  General Orders show the applicant is entitled to award of two Meritorious Unit Commendations.  Therefore, he is entitled to have his records corrected to show these unit awards.

8.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

9.  Review of the applicant's records shows that his units of assignment are properly annotated on his DA Form 20 which is maintained by the National Archives and Records Administration.  Army Regulation 635-5 provides, in pertinent part, that only the last unit of assignment and major command are entered on DD Form 214.  The applicant may obtain a copy of his DA Form 20 from the archives upon request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM__  __JRM___  __SWF__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he was awarded the World War II Victory Medal, a bronze service star to be affixed to his already awarded the National Defense Service Medal, the Army of Occupation Medal with Germany Clasp, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Korea War Service Medal, the Meritorious Unit Commendation with Oak Leaf Cluster, 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 correction of the applicant's DD Form 214 to show the units he was assigned to during his tours of duty in the Republic of Korea and the Republic of Vietnam.




___John T. Meixell____
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.