RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070016444 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe Schroeder

Member

Mr. Larry Racster

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 item 23a (Specialty Number and Title), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was listed as an Army analyst instead of MOS (military occupational specialty) 11B4O, based on recommendations he gave on Vietnam, China, and Korea to LBJ (President Lyndon Baines Johnson) and W. Rostow (American Economist) in April 1968 on the Asian Conflict.  He also requests that item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, be corrected to show the ARCOM (Army Commendation Medal) with "V" Device; the Good Conduct Medal; the Korean Campaign Medals; the Bayonet Infantryman Badge; Unit Citation; and item 30 (Remarks) Civilian Education to show the entry "16."

2.  The applicant states, in effect, that his DD Form 214 was completed in haste. The MOS is wrong.  Concerning the medals, the ARCOM is missing the "V" Device; and the Good Conduct Medal, the unit citations [unspecified], and the Korean campaign medals are missing.  The 7th Infantry Division Bayonet Infantryman Badge (BIB) and other medals are also missing, and item 30 is incorrect.

3.  The applicant provides a copy of his DD Form 214, a copy of an award citation for the ARCOM with "V" Device, and a copy of his college transcripts in support of his request. 

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 he was inducted into the Army of the United States on 6 October 1966.  He successfully completed basic combat training and advanced individual training at Fort Hood, Texas.  On completion of his advanced training, he was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant served in Korea from 1 April 1967 to 18 July 1968.  He was promoted to pay grade E-5 on 21 March 1968.  He served until he was honorably released from active duty on 19 July 1968.  

4.  Item 23a, of his DD Form 214, shows the entry, "11B4O LT WPNS INF" (light weapons infantryman).

5.  A review of the applicant’s military records failed to show that he served as an Army analyst.  

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Army Commendation Medal; and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.

7.  The applicant provided a copy of an award citation which shows that he was awarded the Army Commendation Medal with "V" Device, by distinguishing himself by heroic actions in the vicinity of the Military Demarcation Line on 21 April 1968.  This award is currently shown on his DD Form 214, but without the "V" Device to signify his heroic achievement. 

8.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Army Commendation Medal with "V" Device.

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal with "V" Device.  

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) was unable to locate any general orders awarding the applicant the Army Commendation Medal with "V" Device. 




11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

12.  A review of the applicant’s record failed to show that he was awarded the 7th Infantry Division Bayonet Infantryman Badge.

13.  Item 25 (Education and Training Completed), of his DD Form 214, shows the entry "NONE" and item 30 (Remarks), of his DD Form 214, shows the entry "YRS (years) CIVILIAN EDUCATION 12."

14.  Item 32 (Civilian Education), of the applicant's DA Form 20, shows the entry, Clearfield HS (high school), Clearfield, PA (Pennsylvania) 1965.

15.  The applicant provided a copy of his college transcripts to show he was enrolled at Pennsylvania State University and was granted a Bachelor of Science Degree, in May 1975. 

16.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 
1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or service in the area of operations for 
30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.

18.  Army Regulation 600-8-2 lists the designated U.S. military operations, areas, and dates for eligibility for award of the Armed Forces Expeditionary Medal.  The regulation, in pertinent part, shows that service in Korea from 1 October 1966 to 30 June 1974 qualifies a Soldier for the award. 
19.  Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 7th Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 50, 1971.  This unit award is not shown on the applicant's DD Form 214. 

20.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

	(2)  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

21.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  The 7th Infantry Division Bayonet infantryman Badge is not listed as an authorized award.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was inducted and was trained as a Light Weapons Infantryman in MOS 11B.  There is no evidence, and the applicant has provided none, to show that he served as an Army analyst.  

2.  The applicant alleges, in effect, that he gave recommendations on Vietnam, China, and Korea to LBJ and W. Rostow in April 1968 on the Asian Conflict.  
He provided no evidence, and there is none, to show he provided such recommendations and that he served as an Army analyst while serving on 
active duty.

3.  The evidence of record shows that the applicant was awarded the Army Commendation Medal with "V" Device, by distinguishing himself by heroic actions in the vicinity of the Military Demarcation Line on 12 April 1968.  This award is currently shown on his DD Form 214; however, the "V" Device was omitted from his DD Form 214.  He is therefore entitled to correction of his records to show the Army Commendation Medal with "V" Device.

4.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 6 October 1966 to 19 July 1968.

5.  The applicant’s foreign service in Korea, from 1 April 1967 to 18 July 1968, qualified him for award of the Armed Forces Expeditionary Medal.  He is therefore entitled to correction of his records to show this award.

6.  The evidence of record shows that the applicant served in a unit which was awarded the Republic of Korea Presidential Unit Citation.  He is therefore entitled to correction of his DD Form 214 to show this unit award.

7.  The applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

8.  The applicant claims that he was awarded the 7th Infantry Division Bayonet Infantryman Badge.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the 7th Infantry Division Bayonet Infantryman Badge.  The 7th Infantry Division Bayonet Infantryman Badge is not listed in Army Regulation 600-8-22 as an authorized campaign or foreign award.  

9.  The evidence of record shows that the applicant completed high school in 1965 prior to his enlistment, which equated to 12 years of civilian education.  He completed his Bachelor of Science degree in Business, in May 1975, which was after his discharge, and which equated to 16 years of civilian education.  Therefore, item 30, of his DD 214, which shows 12 years of civilian education is correct as currently constituted.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__e_____  ___JS___  ___LR __  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:

a.  showing the already-awarded Army Commendation Medal with "V" Device, and adding this award to his DD Form 214; and

b.  by awarding him the Good Conduct Medal for the period 6 October 1966 to 19 July 1968; the Armed Forces Expeditionary Medal; the Republic of Korea Presidential Unit Citation; and the Korea Defense Service Medal and adding these awards to his DD Form 214.

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 his records to show that he served as a Army analyst and item 30 (Remarks) of his DD Form 214, to show the entry "16."




	_____Lester Echols_______
          		CHAIRPERSON
INDEX

CASE ID
AR200070016444
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080401
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680719
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT/DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.