IN THE CASE OF:	 

		BOARD DATE:	11 January 2011

		DOCKET NUMBER:  AR20100015946 


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 his official records be screened to determine if he has received all the medals he has earned. 

2.  The applicant states that he served in the Republic of Korea and the Republic of Vietnam.  He has received some medals for that service and is asking if there are any more.
 
3.  The applicant did not provide any additional documentary evidence.

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.  At the time of his application, he was retired from the Regular Army as a sergeant first class, pay grade E-7.
3.  On 16 September 1946, the applicant enlisted in the Regular Army for 
18 months.  He completed training as a military policeman and was deployed to the Pacific Theater of Operations in Japan.  He returned to the United States and was separated on 18 December 1947.  The highest rank he attained during this period of service was private first class/pay grade E-3.

4.  The WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) issued to the applicant reflects he was awarded the World War II Victory Medal and the Army of Occupation Medal Japan.  

5.  On 1 February 1949, the applicant enlisted in the Regular Army for a period of three years.  He completed training as a truck driver and was deployed to the Republic of Korea where he served until 2 March 1952.  The DD Form 214 he received for this period of service reflects he was awarded the Korean Service Ribbon with 5 Bronze Campaign Stars, and the Meritorious Unit Commendation.

6.  The applicant subsequently served in various assignments in the United States and Germany.

7.  On 30 January 1967, the applicant was reassigned to the Republic of Vietnam (RVN) in military occupational specialty (MOS) 11B as a light weapons infantry advisor. 

8.  His records reflect he was assigned to Advisory Team 63, United States Military Assistance Command, Vietnam, where he served from 30 January 1967 until 21 October 1967.  The DD Form 214 issued effective 31 October 1967 indicated in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, (Army) Good Conduct Medal (4th Award), National Defense Service Medal (Oak Leaf Cluster), Army Commendation Medal, and the Bronze Star Medal.  

9.  The applicant's available military records include the following:

* Special Orders 122, Headquarters, United States Military Assistance Command, Vietnam, dated 2 May 1967, as amended by Special Orders 132, same headquarters, dated 12 May 1967, announcing award of the Combat Infantryman Badge to the applicant   
* General Orders 2016, Headquarters, United States Military Assistance Command, Vietnam, dated 17 October 1967 announce award of the Air Medal to the applicant
* DA Form 1577 (Authorization for Issuance of Awards) indicate the applicant is authorized the Korean Service Medal with two bronze and one silver service stars and the Vietnam Service Medal with two bronze service stars
* Letter, Headquarters, United States Military Assistance Command, Vietnam, dated 23 July 1968, Subject:  Authorization for Individual Foreign Award announces the applicant is authorized to accept and wear the Gallantry Cross with Bronze Star presented by the Government of the Republic of Vietnam.
* General Orders 1206, Headquarters, United States Military Assistance Command, Vietnam, dated 21 June 1967 announces the applicant was awarded the Bronze Star Medal with "V" Device
 
10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the Korean War campaigns.  The applicant's dates of service in the Republic of Korea indicate that he participated in the following seven campaigns:  United Nations Defensive, United Nations Offensive, Communist Chinese Forces (CCF) Intervention, First United Nations Counteroffensive, CCF Spring Offensive, the United Nations Summer-Fall Offensive, and Second Korean Winter.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.  A silver service star denotes five campaigns.

11.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  The period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  Army Regulation 600-8-22 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. 

14.  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 that at the time of the applicant's assignment to RVN his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated in 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's separation documents show many of the medals the he was awarded, but several are missing or incorrectly listed.  Based on a review of all available records the applicant's last DD Form 214 should be corrected as follows:

     a.  The evidence of record clearly shows that he was awarded the Combat 
Infantryman Badge and the Air Medal.  Therefore, his DD Form 214 ending in 1967 should be corrected to include these.  Additionally, this DD Form 214 should be corrected to reflect award of the Bronze Star Medal with "V" Device, and the Vietnam Service Medal with two bronze service stars. 

     b.  The records show that the applicant participated in seven campaigns during his service in the Republic of Korea.  Therefore, he is eligible for award of a silver service star and two bronze service stars to be affixed to his Korean Service Medal in lieu of the five bronze service stars currently shown.

2.  The applicant served on active duty during a qualifying period of time for award of two National Defense Service Medals, the United Nations Service Medal, and the Republic of Korea War Service Medal.  Therefore, his last DD Form 214 should be corrected to show these awards.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation   Therefore, he is entitled to correction of his DD Form 214 to properly show this unit award. 

4.  He was also authorized to accept and wear the Republic of Vietnam Cross of Gallantry with Bronze Star.  His DD 214 should be corrected to show this award. 



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:

	a.  deleting from item 24 of his DD Form 214 for the period ending 31 October 1967 the Bronze Star Medal and the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 for the period ending 31 October 1967 the:

* Bronze Star Medal with "V" Device
* Air Medal
* Combat Infantryman Badge
* Republic of Vietnam Cross of Gallantry with Bronze Star
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Korean Service Medal with one silver service star and two bronze service stars National Defense Service Medal
* United Nations Service Medal
* Korean War Service Medal



      _______ _ 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)                                         AR20090016980



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015946 



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1