RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070006051


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 the Report of Transfer or Discharge (DD
Form 214) that he was furnished at the time of his retirement from the Army
be amended to reflect all of his awards.

2.  The applicant states that the DD Form 214 in question lists none of his
awards and decorations.

3.  The applicant provides no additional documentation 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 enlisted in the Army for 3 years on 9 June 1947 and he
successfully completed his training as an artillery surveyor.  He remained
on active duty through a series of reenlistments and extensions.

3.  After completing 22 years, 6 months and 2 days of total active service
the applicant was honorably discharged on 27 January 1970 at the expiration
of his term of service for the purpose of reenlistment.  The DD Form 214
that he was furnished at the time of his discharge shows that he was
awarded the Korean Service Medal, the United Nations Service Medal, the
National Defense Service Medal (First Oak Leaf Cluster), the Army Good
Conduct Medal (Fifth Award), the Bronze Star Medal, two Overseas Service
Bars, the Senior Parachutist Badge, the Army of Occupation Medal w/Japan
Clasp, and the Republic of Vietnam Campaign Medal w/Device 1960.



4.  The applicant reenlisted in the Army for 3 years on 28 January 1970 and
on 8 September 1972, he extended his period of enlistment for 7 months.  He
retired from the Army on 31 July 1973.  The DD Form 214 that he was
furnished at the time of his retirement shows that he was awarded the Army
Good Conduct Medal (Sixth Award).

5.  A review of the applicant's Enlisted Qualification Record (DA Form 20)
shows that at the time of his retirement he had been awarded the National
Defense Service Medal (First Oak Leaf Cluster), the Master Parachutist
Badge, the Armed Forces Expeditionary Medal, the Army Good Conduct Medal
(Sixth Award), the Combat Infantryman Badge, the Bronze Star Medal (First
Oak Leaf Cluster), the United Nations Service Medal, the Senior Parachutist
Badge, the Korean Service Medal, the Army of Occupation Medal w/Japan
Clasp, the Republic of Vietnam Campaign Medal w/Device 1960, two Overseas
Service Bars, the Vietnam Service Medal, the Republic of Vietnam Gallantry
Cross w/Palm Unit Citation, the Presidential Unit Citation, and the Expert
Marksmanship Qualification Badge w/Rifle Bar.  However, these decorations
were never included on his final DD Form 214.

6.  Further review of the applicant's DA Form 20 also shows that he
participated in the Korea Summer-Fall campaign, during the period 1 May
through
30 November 1952.

7.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  At the time of the applicant's retirement, this
regulation provided, in pertinent part, that the DD Form 214 would be
prepared to include all awards and decorations listed on the DA Form 20.

8.  Army Regulation 600-8-22 (Military Awards) states that the Republic of
Korea War Service Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214
which resulted in the omission of his awards and decorations.
2.  According to the applicable regulation, all of the awards and
decorations that are listed on his DA Form 20 which include the Army Good
Conduct Medal (Sixth Award), the National Defense Service Medal (First Oak
Leaf Cluster), the Master Parachutist Badge, the Armed Forces Expeditionary
Medal, the Combat Infantryman Badge, the Bronze Star Medal (First Oak Leaf
Cluster), the United Nations Service Medal, the Senior Parachutist Badge,
the Korean Service Medal, the Army of Occupation Medal w/Japan Clasp, the
Vietnam Campaign Medal w/Device 1960, two Overseas Service Bars, the
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross w/Palm Unit
Citation, the Presidential Unit Citation, and the Expert Marksmanship
Qualification Badge w/Rifle Bar should have been included on the DD Form
214 that he was furnished at the time of his retirement.

3.  Aside from those decorations that are listed on his DA Form 20, the
applicant is also entitled to award of the Republic of Korea War Service
Medal based on his service in Korea and his participation during the Korea
Summer-Fall campaign.  Therefore, this decoration should also be included
on his DD Form 214.

4.  In view of the foregoing, it would now be in the interest of justice to
correct the DD Form 214 in question to reflect all of his decorations.

BOARD VOTE:

__RCH__   __JEV__   __RDG _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his DD Form 214 for the period covering 28 January 1970 through
31 July 1973 to show that he was awarded the National Defense Service Medal
(First Oak Leaf Cluster), the Master Parachutist Badge, the Armed Forces
Expeditionary Medal, the Combat Infantryman Badge, the Bronze Star Medal
(First Oak Leaf Cluster), the United Nations Service Medal, the Senior
Parachutist Badge, the Korean Service Medal, the Army of Occupation Medal
w/Japan Clasp, the Republic of Vietnam Campaign Medal w/Device 1960, two
Overseas Service Bars, the Vietnam Service Medal, the Republic of Vietnam
Gallantry Cross w/Palm Unit Citation, the Presidential Unit Citation, the
Expert Marksmanship Qualification Badge w/Rifle Bar, and the Republic of
Korea War Service Medal.




                            ____James E. Vick_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200470006051                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  46                  |107.0000/AWARDS & DECORATIONS           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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