IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002714 


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 his Meritorious Service Medal (MSM) be added to his DD Form 214 (Report of Separation from Active Duty) and that he be awarded the Korean Freedom Medal.

2.  The applicant states the MSM that he received at retirement is not reflected on his DD Form 214.  He also states the Korean Freedom Medal was awarded to his unit in a ceremony at Fort Bragg, North Carolina in 2002; however, he never received the medal.

3.  The applicant provides copies his DD Form 214 and MSM Certificate.

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.  On 30 January 1953, the applicant enlisted in the Regular Army (RA) in Chicago, Illinois for a period of 3 years.  He completed his training as a wireman and was transferred to Korea on 17 July 1953.  He was assigned to Battery B, 933rd Anti-Aircraft Artillery Battalion.  

3.  On 5 November 1954, he departed Korea for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 27 January 1956.  He had served 2 years, 11 months, and 28 days of active service.  He was also awarded the Korean Service Medal with one bronze service star, United Nations Service Medal, and National Defense Service Medal.

4.  On 16 March 1956, he again enlisted in the RA for a period of 6 years.  He continued to serve through a series of continuous reenlistments and he was promoted to the pay grade of E-7 on 20 June 1966.  He again served a tour in Korea from 28 August 1967 to 11 September 1968 with the 13th Supply and Service Battalion.  He also served a tour in Vietnam from 9 November 1970 to
8 October 1971.  Initially, he was assigned to the U.S. Army Inventory Control Center and on 23 June 1971 he was reassigned to the U.S. Army Depot – Long Binh.

5.  On 16 January 1976, General Orders Number 378 issued by Headquarters, U.S. Army Europe and Seventh Army awarded the applicant the MSM for meritorious service during the period October 1971 to October 1973.

6.  On 30 April 1976, he was retired and transferred to the Retired List effective  1 May 1976.  He had served 23 years, 1 month, and 13 days of active service.  The DD Form 214 he was issued at the time of retirement does not show award of the MSM, Korean Service Medal (KSM) with one bronze service star, or the United Nations Service Medal (UNSM).  It does show award of the Vietnam Service Medal.

7.  A review of the applicant’s records show he served in three campaigns in Vietnam and that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

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

9.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

10.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the MSM at the time of retirement and he is entitled to have that award added to his DD Form 214 at this time.

2.  The applicant served in three campaigns and thus he is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal (VSM) and to have theses bronze service stars added to his DD Form 214.

3.  The applicant served during a qualifying period for the KDSM.  Therefore, he is entitled the KDSM and to have it added to his DD Form 214.

4.  Additionally, his awards of the KSM with one bronze service star and the UNSM should be added to his DD Form 214 at this time along with the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  However, the Korean Freedom Award is not an award that is authorized under Army Regulation 600-8-22 and thus it is not authorized for entry on the DD Form 214.

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 the Vietnam Service Medal from block 24 of his DD Form 214; and

   b.  adding the KDSM, VSM with three bronze service stars, KSM with one bronze service star, UNSM, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 awarding him the Korean Freedom Medal and adding it to his DD Form 214.  




      _______ _   __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)                                         AR20120002714



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ABCMR Record of Proceedings (cont)                                         AR20120002714



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