BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090008821 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his September 1973 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect awards and decorations received throughout his military service.

2.  The applicant states that after reviewing his final DD Form 214 it became apparent that an administrative error occurred in view of the fact that not all of his awards and decorations from each period of his military service were recorded on his retirement DD Form 214.

3.  The applicant provides copies of his DD Forms 214 for his periods of active military service between 1952 and 1954, between 1956 and 1966, and between 1966 and 1973.

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.  Records available to the Board indicate the applicant initially entered military service as an enlisted member of the Regular Army on 12 January 1952.  During his initial period of military service he served an overseas tour of duty in Korea between June 1953 and December 1954 with the 523rd Engineer Pipeline Company.  On 28 December 1954 he was released from active duty with an honorable characterization of service.

3.  The applicant’s December 1954 DD Form 214 reflects the following:

	National Defense Service Medal
United Nations Service Medal
Korean Service Ribbon (correctly known as the Korean Service Medal) with one bronze service star
Republic of Korea Presidential Unit Citation

4.  On 21 August 1956 the applicant again enlisted and returned to active duty as a member of the Regular Army.  He served through a series of reenlistments and was honorably discharged 7 November 1966 in order to accept an appointment as a United States Army Reserve Warrant Officer.  During this period of active duty the applicant served a tour of duty in Vietnam July 1964 and July 1965.

5.  Between August 1956 and November 1966 the applicant was issued three DD Forms 214 (15 May 1958, 18 February 1964, 7 November 1966) which reflect the following awards:

	Letter of Appreciation
   Qualification as an expert with the Carbine and Rifle
   Army Commendation Medal
   Two awards of the Army Good Conduct Medal
   Two awards of the National Defense Service Medal
   
6.  On 8 November 1966 the applicant was ordered to active duty as a United States Army Reserve Warrant Officer and served until his retirement for length of service on 30 September 1973.  During his service as a Warrant Officer he served one tour of duty in Vietnam with the 7th Squadron, 17th Cavalry between October 1967 and September 1968.



7.  His September 1973 DD Form 214 reflects the following awards:

Distinguished Flying Cross
Six Overseas Service Bars
Vietnam Service Medal with six campaign stars
Republic of Vietnam Campaign Medal with 60 Device
Army Aviator Badge
Two awards of the National Defense Service Medal

8.  The applicant’s file contains General Orders Number 5960, dated 30 August 1968, issued by the 1st Aviation Brigade in Vietnam which awarded the applicant the Air Medal with first through twentieth oak leaf cluster.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation) notes the applicant’s unit (523rd Engineer Pipeline Company) was awarded a Meritorious Unit Commendation by Department of the Army General Order 77 dated 1974.

10.  The Government of the Republic of Korea issued the Republic of Korea 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 the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

11.  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 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (7th Squadron, 17th Cavalry) was awarded a Republic of Vietnam Gallantry Cross Unit Citation with Palm by Department of the Army General Order 21 dated 1969.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 24 will reflect all decorations, service medals, campaign credits and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board indicates that some of the awards and decorations the applicant earned during his initial period of military service were omitted from his September 1973 DD Form 214.  Those awards and decorations included his United Nations Service Medal, Korean Service Medal with one bronze service star, Republic of Korea Presidential Unit Citation, Army Commendation Medal, two awards of the Army Good Conduct Medal, and his qualification as an expert with the Carbine and Rifle.

2.  The evidence also shows the applicant was awarded the Air Medal with 1st through 20th oak leaf cluster during his second tour of duty in Vietnam which was also omitted from his 1973 DD Form 214.

3.  The applicant is also entitled to a Meritorious Unit Commendation, the Republic of Korea War Service Medal, and the Korea Defense Service Medal as a result of his tour of duty in Korea during his initial period of active military service.

BOARD VOTE:

____x___  ___x____  ___x____  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 1973 DD Form 214 to include the United Nations Service Medal, Korean Service Medal with one bronze service star, Republic of Korea Presidential Unit Citation, Army Commendation Medal, two awards of the Army Good Conduct Medal, the Air Medal with 1st through 20th oak leaf cluster, the Meritorious Unit Commendation, the Republic of Korea War Service Medal, the Korea Defense Service Medal, and that he qualified as an expert with the Carbine and Rifle.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090008821





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