RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070008358 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

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 correction of his military records to show award of the Korean Defense Service Medal and the Armed Forces Service Medal. 

2.  The applicant states that these awards were authorized after the end of his service.

3.  The applicant provides a copy of his last Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

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.  On 21 September 1949, the applicant enlisted in the Regular Army for 
3 years.  He completed his initial training and was awarded military occupational specialty 4602 (Anti-Aircraft Artillery Crewman).  He served continually on active duty until his retirement for length of service on 31 May 1972.  He had attained the rank of sergeant first class, pay grade E-7, and had completed 22 years, 
8 months, and 11 days of creditable active service.

3.  On 14 March 1950, the applicant was assigned for duty as an anti-aircraft artillery crewman with Battery A, 92nd Anti-Aircraft Artillery Battalion, in the Republic of Korea.  He served in this position until his return to the United States on 29 December 1951 for duty at Fort Sill, Oklahoma. 

4.  The applicant served tours of duty in the Federal Republic of Germany from 26 February 1953 to18 February 1957; 14 August 1963 to 26 July 1966; and from 6 March 1972 to 28 May 1972.  He also served a tour of duty in Iran from 
21 March 1959 to 19 March 1960.

5.  The applicant served two tours of duty in the Republic of Vietnam.  From 
6 October 1967 to 28 September 1968, he performed duty as a track vehicle mechanic with the 1st Battalion, 14th Artillery Regiment, 198th Infantry Brigade.  From 18 July 1969 to 17 July 1970, he performed duty as a track vehicle mechanic with the United States Army Strategic Command Signal Company.

6.  Over the course of his active duty service, the applicant was issued five 
DD Forms 214.  Taken altogether, they show his awards as the National Defense Service Medal with Star; Army Commendation Medal with Oak Leaf Cluster; Good Conduct Medal with Silver Clasp, two loops; Army of Occupation Medal with Germany Clasp; Korean Service Medal with five bronze service stars; Republic of Korea Presidential Unit Citation; Vietnam Service Medal, United Nations Service Medal; Republic of Vietnam Campaign Medal with "1960-" Device; Expert Marksmanship Qualification Badge with Submachine Gun Bar; Sharpshooter Marksmanship Qualification Badge with Carbine Bar; Marksman Marksmanship Qualification Badge with Antiaircraft Artillery and Pistol Bars.  They do not show award of the Korean Defense Service Medal or the Armed Forces Service Medal. 

7.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.

9.  Review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  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 actual combat operations or in support of combat operations.

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following eight campaigns: the Vietnam Counteroffensive, Phase III, the Tet 68 Counteroffensive, the Vietnam Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant did not serve in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his request for this award should be denied.

2.  The evidence of record clearly shows that the applicant did not serve in the military during a qualifying period for award of the Armed Forces Service Medal.  Therefore, his request should be denied.

3.  The applicant served during a qualifying period for award of the Republic of Korea-Korean War Service Medal.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in eight campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and three bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.
   
6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ DED___  __MKP__  __LCB _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Korea-Korean War Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





__      M. K. Patterson ____
          CHAIRPERSON




INDEX

CASE ID
AR20070008358
SUFFIX

RECON
 
DATE BOARDED
20071115
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.