IN THE CASE OF:	

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013122 


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 correction of the record of her deceased husband, a former service member (FSM), to show the following awards:

* Meritorious Service Medal (MSM)
* Korean Defense Medal [properly known as the Korea Defense Service Medal (KDSM)]
* Army [of] Occupation Medal (AOM)
* campaign stars [also called service stars] for the Korean Service Medal (KSM)
* American Campaign Medal (ACM)
* Asiatic-Pacific [Campaign] Medal (APCM)
* Armed Forces Expeditionary Medal (AFEM)

2.  The applicant states the FSM died before knowing the awards were available.

3.  The applicant provides copies of the FSM's Certificate of Death and the DD Form 214 (Report of Separation from Active Duty) documenting his last enlistment.

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 record shows the FSM served in the Regular Army (RA) from 27 September 1946 to 16 January 1948.  On 17 January 1948, he entered the U.S. Army Reserve (USAR) and was ordered to active duty on 15 March 1951.  On 19 August 1952, he enlisted in the RA, where he served until his retirement on 31 July 1976.  He completed 26 years, 8 months, and 7 days of total active service.

3.  The DD Form 214 issued to the FSM at the time of his retirement shows he received the following awards:

* Bronze Star Medal
* Army Commendation Medal with two oak leaf clusters
* Good Conduct Medal, 6th award
* World War II Victory Medal
* KSM
* United Nations Service Medal
* National Defense Service Medal (NDSM) with one oak leaf cluster
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal
* Meritorious Unit Commendation
* 2 overseas service bars
* 8 service stripes
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  General Order Number 269, issued by Headquarters, First United States Army on 16 June 1976, announced award of the MSM to the FSM.

5.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) the FSM served in the following locations:

* Guam from 7 January 1947 to 8 January 1948
* Japan from 26 November 1952 to 29 October 1956 and from 15 September 1960 to 26 March 1963
* Korea from 31 August 1959 to 14 September 1960
* Taiwan from 2 July 1965 to 16 July 1968 and from 3 July 1969 to 3 June 1972
* Vietnam from 17 July 1968 to 25 June 1969

6.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

7.  Army Regulation 600-8-22 states that for award of the AOM with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  For award of the AOM with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.  

8.  Army Regulation 600-8-22 states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The award was authorized for service in a unit under the operational control of the Commander in Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which had been designated by the CINCFE as having directly supported the military efforts in Korea.  A bronze service star is worn on the KSM for each credited campaign.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to the following units during the period of eligibility for the KSM:

* Headquarters and Service Company, 27th Engineer Battalion
* 8048th Army Unit
* 8183d Army Unit

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the units that received campaign participation credit for Korea.  None of the units listed above received campaign participation credit for Korea.  

11.  Army Regulation 600-8-22 states the ACM is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  

12.  Army Regulation 600-8-22 states the APCM is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  

13.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

14.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

15.  Review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 39 (Campaigns) of the FSM's DA Form 20 shows he participated in four campaigns during his service in Vietnam.  

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

18.  The FSM's DA Form 20 shows that during his service in Vietnam he was assigned to the Defense Communications Agency Southeast Asia Mainland Region (DCA SAM) from on or about 17 July 1968 to on or about 24 June 1969.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the DCA SAM was cited for the following awards during the applicant's period of assignment:

* Meritorious Unit Commendation (MUC) for the period April 1965 to April 1969 by Department of the Army General Orders (DAGO) 7, dated 1970
* MUC for the period 1 April 1969 to 31 May 1970 by DAGO 51, dated 1971

20.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the MUC.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the portion of the applicant's request pertaining to the MSM and KDSM.  There is no documentary evidence to support the portion of her request pertaining to the AOM, campaign stars for the KSM, ACM, APCM, and AFEM.  

2.  General orders announced award of the MSM to the FSM.  Therefore, he is entitled to correction of his record to show this award.

3.  The FSM served in Korea during the period of eligibility for the KDSM.  Therefore, he is entitled to correction of his record to show this award.

4.  The FSM was awarded the VSM, and his records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his record to show award of four bronze service stars for wear on the previously awarded VSM.

5.  The record shows the FSM served during two periods of eligibility for the NDSM.  His DD Form 214 erroneously shows he was awarded an oak leaf cluster for wear on the NDSM.  The proper accoutrement to denote a second award is a bronze service star.  Therefore, he is entitled to correction of his record to show award of the NDSM with one bronze service star.  

6.  General orders confirm a unit the applicant served in was twice awarded the MUC.  These awards are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The period of eligibility for the AOM ended in April 1952 for Japan and in June 1949 for Korea.  The FSM served in Japan and Korea after the end of the period of eligibility.  Accordingly, he is not entitled to correction of his record to show award of the AOM.  

8.  The evidence of record shows the applicant was awarded the KSM, but does not show he received campaign credit for service in Korea.  It appears he was awarded the KSM for his service in a unit in Japan designated by the CINCFE as having directly supported the military efforts in Korea.  Units directly supporting military efforts in Korea without actually entering Korea would not have received 


campaign participation credit.  Accordingly, he is not entitled to correction of his record to show he was awarded bronze service stars for wear on the KSM.  

9.  The FSM entered military service on 27 September 1946, after the period of eligibility for the ACM and APCM had ended.  He is not entitled to correction of his record to show these awards.  

10.  The evidence of record does not show the FSM served in an operation designated for award of the AFEM.  He is not entitled to correction of his record to show this award.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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.  deleting "NDSM 1ST OLC" and "VSM" from item 26 of his retirement DD Form 214 and

	b.  adding the following to item 26 of his retirement DD Form 214:

* MSM
* NDSM with one bronze service star
* VSM with four bronze service stars
* MUC with one oak leaf cluster

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 the AOM, campaign stars for the KSM, ACM, APCM, and AFEM.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ _   _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)                                         AR20100013122





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ABCMR Record of Proceedings (cont)                                         AR20100013122



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