RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070015361 


	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.









      The following members, a quorum, were present:













	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 his 31 May 1971 separation document (DD Form 214) be corrected to show the inactive service he completed from 
1 July through 25 August 1949 in Item 22a(2) (Other Service), and that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to reflect all awards listed on a National Personnel Records Center (NPRC) Letter he was issued.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his inactive service for the period 1 July through 25 August 1949, and does not include all the awards listed in the NPRC letter he was issued.  He now requests that his DD Form 214 be corrected to reflect these items.  

3.  The applicant provides the following documents in support of his application:  Honorable Discharge Certificate, dated 16 July 1950; Headquarters, Third Naval District Information Sheet, dated 21 January 1951; Undated NPRC Letter; and 
DD Forms 214, dated 16 April 1953, 1 July 1968, and 31 May 1971.  

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 records show he initially enlisted into the United States Navy Reserve (USNR) on 1 July 1949, and that he served in that status until being honorably discharged on 16 July 1950, in order to enlist in the Regular Army (RA).  On 17 July 1950, he enlisted into the RA and entered active duty in that status.  He continuously served until 31 May 1971, at which time he was honorably released from active duty for the purpose of retirement.  The DD Form 214 issued to him at this time shows he completed 20 years, 1 month, and 
29 days of active military service, and a total of 21 years, 5 months, and 4 days of military service.  It also shows he held the rank of Sergeant First Class (SFC) at the time.  
3.  The applicant's Enlisted Qualification Record (DA Form 20) shows 
he served the following three tours in the Republic of Korea (ROK):  
15 February 1951-18 February 1952; 23 June 1960-11 July 1961; and 
24 August 1967-24 September 1968.  It also shows he completed a tour in the Republic of Vietnam (RVN) from 18 May 1969 through 15 April 1970.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank, and Item 41 (Awards and Decorations) does not include the Purple Heart (PH) and/or Silver Star (SS).  

5.  Item 41 of the applicant's DA Form 20 does show he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM) with 1 bronze service star (2nd Award); Army Commendation Medal (ARCOM); Army Good Conduct Medal (AGCM) (4th Award); Korean Service Medal (KSM); United Nation Service Medal (UNSM); Armed Forces Expeditionary Medal (AFEM) (Korea); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with Device (1960); Combat Infantryman Badge (CIB); and 3 Overseas Service Bars.  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 25 May 1970.  

6.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 7th Infantry Division General Orders (GO) Number 71, dated 21 June 1961.  These orders awarded the applicant the ARCOM, for meritorious service during the period 2 July 1960 through 20 June 1961. 

7.  The applicant's OMPF also contains Headquarters, III Corps and Fort Hood Noncommissioned Officer Academy Unit Orders (UO) Number 9, dated 1 May 1963, which awarded him the Expert Marksmanship Qualification Badge with Rifle, Carbine, and Pistol Bars; and Headquarters, 7th Infantry Division Letter Orders (LO) Number 12-31-5, dated 31 December 1967, which awarded him the Bayonet Badge.

8.  The applicant's OMPF also contains Headquarters, III Corps and Fort Hood, GO Number 181, dated 11 May 1971, which awarded him the AGCM (4th Award) for his qualifying period of active duty service from 1 February 1969 through
31 January 1971.  It further contains a Memorandum, dated 5 October 1965, which confirms the applicant was awarded the CIB in Headquarters, 15th Infantry Regiment Special Orders (SO) Number 97, dated 12 April 1951. 

9.  The applicant's record also contains a Statement of Service, dated 
21 December 1970, which verifies his service in the USNR from 1 July through 25 August 1949, and which confirms this service was included in the calculation for retirement pay purposes.  
10.  The applicant's OMPF is void of orders or other documents indicating he was ever wounded in action or awarded the PH by proper authority while serving on active duty.  It also contains no medical treatment records indicating he was ever treated for a combat-related wound or injury by military medical personnel.  The record is also void of any orders or other documents indicating that he was ever recommended for or awarded the SS during his tenure on active duty.  

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant on 31 May 1971, upon his retirement, shows he earned the following awards:  VSM with 3 bronze service stars; RVNCM; AGCM (3rd Award); and Expert Marksmanship Qualification Badge with Rifle Bar. 

12.  The applicant provides an undated and unsigned NPRC letter that lists the following awards:  SS; ARCOM; AGCM; NDSM with 1 bronze service star; KSM with 4 bronze service stars; AFEM; VSM with 3 bronze service stars; CIB; UNSM; RVNCM with 1960 Device; PH; and Expert Marksmanship Qualification Badge with Rifle Bar.  

13.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam and Korean Casualty Rosters.  The applicant's name was not listed on either of these casualty lists.  

14.  A review of the DA Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch, United States Army Human Resources Command (HRC), which contains award orders issued during the Vietnam era was also completed.  There were no orders pertaining to the applicant contained on ADCARS.  

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence showing that the wound for which the award is being made was received as a result of enemy action, that it was treated by military medical personnel, and a record of this treatment must have been made a matter of official record.  

16.  Paragraph 2-12 of the awards regulation contains guidance on the AFEM.  It provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  The AFEM is authorized for service in the Korea during the period 1 October 1966 through 30 June 1974.

17.  Paragraph 3-10 contains the regulatory guidance pertaining to awarding the SS.  It states in pertinent part, that the SS is awarded to a person who is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.  A recommendation for this award must be submitted and processed through the award approval authority, and must be approved by the proper award approval authority and announced in official orders.  

18.  Paragraph 9-5 of the awards regulation contains guidance on the UNSM.  It states in pertinent part, that the UNSM was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations between 27 June 1950 and 27 July 1954.  Award of the KSM automatically establishes eligibility for award of the United Nations Service Medal.

19.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM).  It states in pertinent part, that the ROKWSM was approved on 20 August 1999, for acceptance and wear those members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953, while on permanent assignment; temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

20.  Paragraph 2-20 of the award regulation contains guidance on award of the Korea Defense Service Medal (KDSM).  It states, in pertinent part, that it is authorized for 30 consecutive days or 60 non-consecutive days of service in the ROK performed from 28 July 1954 to a date to be determined by the Secretary of Defense. 

21.  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.  The regulation in effect at the time of the applicant's discharge stipulated that only those awards received during the period covered on the DD Form 214 would be entered in Item 24.  However, under current regulation, awards for all periods of service will be entered on the DD Form 214.  
22.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the CIB, as evidenced by the entry contained on his DA Form 20, and by a memorandum on file in his record, which confirms he was awarded the CIB in valid orders published on 12 April 1951.  Therefore, it would be appropriate to add this award to his separation document at this time.

2.  The evidence of record confirms the applicant was awarded the ARCOM for his meritorious service during the period 2 July 1960 through 20 June 1961, as evidenced by a GO on file in his record, dated 21 June 1971.  Therefore, it would also be appropriate to add this award to his final separation document at this time.  

3.  The evidence of record further confirms the applicant was awarded the AGCM (4th Award), for his qualifying period of honorable active duty service from
1 February 1969 through 31 January 1971, as evidenced by a GO on file in his 
record.  Therefore, this award should also be added to his final separation document at this time.  

4.  The evidence or record also confirms that based on his active duty service, and his service in the ROK and RVN, he is entitled to the NDSM with 1 bronze service star, KSM with 4 bronze service stars, UNSM, AFEM, ROKWSM, KDSM, VSM with 3 bronze service stars, RVNCM with Device (1960), and the RVN Gallantry Cross with Palm Unit Citation; and that he earned the Expert Marksmanship Qualification Badge with Rifle, Carbine, Pistol, and Bayonet Bars. As a result, it would also be appropriate to add these awards to his final separation document.  

5.  The applicant's contention that he is entitled to award of the SS and PH was also carefully considered.  However, notwithstanding the undated NPRC letter he provides, his record is void of any entries, orders or other documents showing he was ever recommended for or awarded the SS while serving on active duty, or that he was ever wounded in action, treated for a combat-related wound by military medical personnel, or awarded the PH by proper authority while serving on active duty.  Further, the SS and PH are not included in the list of awards contained in Item 41 of his DA Form 20, which he last audited on 25 May 1970, long after he completed his combat service in Korea and the RVN, and they are not included in the list of awards contained on any of his DD Forms 214.  

6.  Absent any evidence showing that he was ever recommended for or awarded the SS or PH by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

7.  The applicant's contention that his service in the USNR from 1 July through 
25 August 1949, is not reflected on his final DD Form 214 was also carefully considered.  However, the applicant's record confirms this period of service was included in the Statement of Service completed during his retirement processing, and as a result, it is presumed this service is already included in the other service already listed in Item 22a (2) on his DD Form 214.  Therefore, there is insufficient evidence to support granting this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PHM__  ___JGH _  __KSJ __  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 amending his 31 May 1971 DD Form 214 as follows:

	a.  deleting the list of awards contained in Item 24 and replacing it with the entry "National Defense Service Medal with 1 bronze service star (2nd Award), Army Commendation Medal, Army Good Conduct Medal (4th Award); Korean Service Medal with 4 bronze service stars; United Nations Service Medal, Republic of Korea War Service Medal, Korea Defense Service Medal; Armed Forces Expeditionary Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Ribbon with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle, Carbine, Pistol, and Bayonet Bars"; and 


	b.  providing him a correction to his separation document that includes these changes.  

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 adding additional other service to Item 22a (2) and adding the Silver Star and Purple Heart to Item 24 of his DD Form 214.




      	______PHM            ____
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070015361


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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