IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020054 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1969 to show the Combat Infantryman Badge, Korean Service Medal, and the United Nations Service Medal.

2.  The applicant states he served in Korea during the Korean War, but his retirement DD Form 214 does not reflect the Combat Infantryman Badge, Korean Service Medal, or the United Nations Service Medal.

3.  The applicant provides:

* his 31 July 1969 DD Form 214
* a DA Form 1577 (Authorization for Issuance of Awards), dated 26 January 2001

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 the following periods of service:

* 1 July 1947 - 17 May 1948							Army National Guard
* 12 October 1948 - 11 October 1951				Regular Army (RA)
* 12 October 1951 - 18 December 1956			RA
* 19 December 1956 - 18 December 1962			RA
* 19 December 1962 - 31 July 1969				RA (Disability Retirement)

3.  The applicant's record contains only two DD Forms 214, for the period
12 October 1948 through 11 October 1951 and 19 December 1962 through
31 July 1969.  Information pertaining to his periods of service from 12 October 1951 through 18 December 1956 and 19 December 1956 through 18 December 1962 are basically unknown.

4.  Special Orders Number 60, issued by Headquarters, 23rd Infantry Regiment, Korea, dated 22 March 1952, awarded the applicant the CIB for satisfactory performance of duty in ground combat against the enemy effective 15 March 1952.

5.  A DA Form 20 (Enlisted Qualification Record) covering the applicant's final period of service (1962 - 1969) shows in:

* item 31 (Foreign Service) the entry:

* 28Jan49 - 8Aug49			AFFE (Army Forces Far East)
* 13Aug50 - 9Oct50			AFFE
* 2Feb52 - 31Aug52			AFFE
* 6Oct52 - 11May53			AFFE
* 17Jan58 - 5Dec60			Germany
* 5Jun63 - 5Mar66			Germany
* 27May67-23May68			USARPAC (U.S. Army Pacific – Vietnam)

* item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* 31May67 - 13Jan68			1st Battalion, 77th Artillery, 1st Cavalry 										Division
* 14Jan68 – 23May68		Division Artillery, 1st Cavalry Division

* item 39 (Campaigns) the entry:

* 2nd Korean Winter
* Korean Summer – Fall
* 3rd Korean Winter
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffense Phase III

* item 41 (Awards and Decorations):

* for the Korean War period:

* Combat Infantryman Badge
* Korean Service Medal
* United Nations Service Medal

* for the Vietnam War period:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Korea. This pamphlet shows that during the applicant's period of service, the
23rd Infantry Regiment was twice cited for award of the Republic of Korea Presidential Unit Citation for the period:

* 16 September 1950 through 26 October 1953 by Department of the Army General Order (DAGO) Number 10, dated 1954
* 11 July 1952 through 1 October 1953 by DAGO Number 24, dated 1954

7.  This pamphlet also shows the following dates for the Korean War campaigns during the applicant's service:

* Second Korean Winter (28 November 1951 to 30 April 1952)
* Korea, Summer-Fall 1952 (1 May to 30 November 1952)
* Third Korean Winter (1 December 1952 to 30 April 1953)

8.  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 units to which the applicant was assigned were cited for:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969
* Meritorious Unit Commendation for the period 13 September 1966 through 31 July 1967 by DAGO Number 17, dated 1968
* Meritorious Unit Commendation for the period 1 August 1967 through 11 February 1969 by DAGO Number 36, dated 1970

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968)

10.  Army Regulation 600-8-22 states 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 must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's RA service extends from 12 October 1948 through 31 July 1969.  Unfortunately, there are limited details about his period of service from 12 October 1951 to 18 December 1962.

2.  The applicant's record contains Special Orders Number 60, dated 22 March 1952, that awarded him the Combat Infantryman Badge while assigned to the 23rd Infantry Regiment in March 1952, which also establishes his service in Korea.  Therefore, his DD Form 214 should be corrected to show this badge.


3.  A DA Form 20 in the applicant's record attests to service in Korea during three campaigns of the Korean War.  Therefore, he is entitled to the Korean Service Medal with 3 bronze service stars and correction of his DD Form 214 to show this award.

4.  Based on his service in Korea, he is also entitled to the United Nations Service Medal and correction of his DD Form 214 to show this award.

5.  During the applicant's service with the 23rd Infantry Regiment, the unit was twice cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

7.  The units to which he was assigned to in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation.  Therefore, his DD Form 214 for the period ending 31 July 1969 should be corrected to show these unit awards.

8.  In view of the foregoing, the applicant's DD Form 214 for the period ending
31 July 1969 should be corrected as recommended below.

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 his DD Form 214 for the period ending 31 July 1969 the Vietnam Service Medal, and
	b.  adding to his DD Form 214 for the period ending 31 July 1969 the:

* Korean Service Medal with three bronze service stars
* Vietnam Service Medal with four bronze service stars
* United Nations Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Republic of Korea Presidential Unit Citation (2nd Award)
* Combat Infantryman Badge



      ____________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)                                         AR20110020054



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020054



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1