RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 February 2008
      DOCKET NUMBER:  AR20070012067


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Susan A. Powers               |     |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 the entry date shown in Item
12a (Date Entered Active Duty This Period) of his 4 February 1987
Separation Document (DD Form 214) be corrected to show 11 August 1972 vice
14 January 1975; and that the Korea Defense Service Medal (KDSM) be added
to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the same separation document.

2.  The applicant states, in effect, he joined the service on 11 August
1972 and never had a break in service.  He further indicates that he
participated in Operation Paul Bunyan in Korea, for which he never received
recognition.  He is requesting that he be issued a correction to his
separation document
(DD Form 215) that adds the KDSM.

3.  The applicant provides a self-authored statement 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 record shows that he initially enlisted in the Regular
Army and entered active duty on 11 August 1972.  He was trained in and
awarded military occupational specialty (MOS) 13B (Cannon Crewman), and
assigned to Fort Bragg, North Carolina.

3.  On 13 January 1975, while serving at Fort Bragg, the applicant was
honorably discharged for the purpose of immediate reenlistment.  At this
time, he was issued a DD Form 214, which documented his 2 years, 5 months,
and 3 days of active duty service from 11 August 1972 through 13 January
1975.  Item 9d (Effective Date) of this DD Form 214 erroneously lists the
effective date year as 1974, instead of 1975 as it should read.
4.  On 14 January 1975, the applicant reenlisted for 6 years.  His
Personnel Qualification Record (DA Form 2-1) shows he completed an overseas
tour in Korea from 10 August 1975 through 12 September 1976.  Item 35
(Record of Assignments) shows that during his tour in Korea, he was
assigned to B Battery, 3rd Battalion, 81st Field Artillery, from 13 August
1975 through 11 September 1976, performing duties in MOS 36K as a senior
tactical wire operations specialist; and to Battery C, 2nd Battalion, 17th
Field Artillery, from 21 May through 12 September 1976, performing duties
in MOS 13B as a field artillery crewman.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate the applicant received an award or
other recognition for participation in Operation Paul Bunyan in Korea in
1976.

6.  On 4 February 1987, the applicant was honorably discharged.  The DD
Form 214 he was issued at the time shows he held the rank of sergeant, and
that he had completed 12 years and 21 days of active duty service during
the period covered by the DD Form 214 (14 January 1975-4 February 1987) and
2 years,
5 months, and 3 days of prior active duty service, for a total of 14 years,
5 months, and 24 days of active military service.

7.  Item 13 of the applicant’s 4 February 1987 DD Form 214 shows he earned
the following awards:  Army Service Ribbon; Overseas Service Ribbon (2nd
Award); Driver Badge with "W" Bar; Armed Forces Expeditionary Medal;
Noncommissioned Officer Professional Development Ribbon with Numeral 2;
National Defense Service Medal; Army Good Conduct Medal (3rd Award); and
Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

8.  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.  Paragraph 2-1 contains guidance on the preparation of 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.  It further states
that a DD Form 214 will not be furnished to Soldiers who were separated
from active duty and were furnished a prior edition of DD Form 214.  The
instructions for entering the date entered active duty this period of the
DD Form 214 state to enter the beginning date of the continuous period of
active duty for issuance of a DD Form 214, for which a DD Form 214 was not
previously issued.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-20 contains guidance on award of the KDSM.  It states,
in pertinent part, that it is authorized for 30 consecutive or 60 non-
consecutive days of service in Korea performed between 28 July 1954 and a
date to be determined.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) is published to assist commanders and personnel officers in
determining or establishing the eligibility of individual members for
campaign participation credit, assault landing credit, and unit citation
badges awarded during the Vietnam Conflict, the Grenada Operation, and the
period of service subsequent to the Vietnam Conflict up to September 1987.
This pamphlet contains no indication that the applicant's units in Korea
received any awards or decorations during his tenure of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 12a of his 4 February 1987 DD Form
214 should read 11 August 1972, was carefully considered.  However, there
is insufficient evidence to support this claim.  By regulation, the date
entered active duty this period of the DD Form 214 will be the beginning
date of the period for issuance of a DD Form 214, for which a DD Form 214
was not previously issued.

2.  The evidence of record confirms that although an administrative error
was made in the year listed in the effective date of the first separation
document issued, the applicant was in fact previously issued a DD Form 214
for the active duty service he performed between 11 August 1972 and 13
January 1975.  As a result, it would not be appropriate to correct the date
entered in Item 12a of his
4 February 1987 DD Form 214.  However, it would be appropriate to correct
the year listed in Item 10d (Effective Date) of his first DD Form 214 to
show the effective date year as 1975 vice 1974 as is currently listed.
Once this correction is made, the active duty service he completed between
11 August 1972 and
4 February 1987, will be properly documented in the two DD Forms 214 he has
been issued.

3.  The evidence of record confirms the applicant completed 13 months of
service in Korea between 10 August 1975 and 12 September 1976.  Therefore,
he is entitled to the KDSM and it would be appropriate to add this award to
his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KAN _  __JAM __  __SAP__  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 by showing his entitlement to the Korea Defense
Service Medal and adding this award to Item 13 of his 4 February 1987 DD
Form 214; by amending Item 10d of his 13 January 1974 DD Form 214 by
deleting the current entry and replacing it with the entry "75 01 13," and
providing him corrections to the DD Forms 214 in question.

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 Item 12a of his 4 February 1987 DD Form 214 and to receiving
additional awards or recognition based on his service in Korea or
participation in Operation Paul Bunyan.




                                  _____Kathleen A. Newman___
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012067                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1987/02/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Reduction in Authorized Strength        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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