IN THE CASE OF:	 

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150012657 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards and decorations.

2.  The applicant states he believes he may be eligible for other awards and decorations that were not presented while he was serving on active duty.  He wants a review of his official records and issuance of additional authorized awards.

3.  The applicant provides:

* Personnel Data Sheet
* DA Form 20 (Enlisted Qualification Record)
* DA Form 398 (Statement of Personal History)
* DA Form 2339 (Application for Voluntary Retirement)
* four DD Forms 214

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.  Having prior enlisted service in the U.S. Navy from 17 April 1944 to 10 June 1946 and in the U.S. Navy Reserve from 30 December 1946 to 30 April 1950, the applicant enlisted in the Regular Army on 1 May 1950 and held military occupational specialty (MOS) 1602 (Artillery Automatic Weapons Crewman).

3.  He completed the Basic Airborne Course on 23 June 1950 and the Jumpmaster Course in October 1950.

4.  He served in Japan and then in Korea and participated in four campaigns with Battery A, 88th Airborne Antiaircraft Battalion (later redesignated as the 187th Airborne Regimental Combat Team Antiaircraft Artillery Battery) from on or about 1 October 1950 to on or about 25 June 1951.  He participated in the airborne invasion of Sukchon, North Korea, from 20 to 26 October 1950 and the airborne invasion of Munsan-Ni, South Korea, from 23 to 27 March 1951.

5.  He was honorably released from active duty on 4 May 1953.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Parachute Glider Badge
* Korean Service Medal with arrowhead device and four bronze service stars
* United Nations Service Medal

6.  He again enlisted in the Regular Army on 23 June 1953.  He served in a variety of positions at Fort Campbell, KY, in MOSs 112.73 (Infantry Indirect Fire Crewman) and 113.83 (Infantry Operations and Intelligence Specialist).  He also served with the Military Assistance Advisory Group in Thailand from on or about 28 March 1956 to on or about 19 July 1959.

7.  He was honorably discharged on 22 June 1959 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Senior Parachutist Badge
* National Defense Service Medal
* Master Parachutist Badge
* Army Good Conduct Medal (2nd Award)
* 
Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

8.  He reenlisted in the RA on 23 June 1959.  He held MOS 11F5S (Infantry Operations and Intelligence Specialist).  He served in Germany from 23 August 1959 to 4 October 1962.  He was honorably discharged on 22 June 1965 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal
* Army Good Conduct Medal (3rd Award)
* Army Good Conduct Medal (4th Award)

9.  He reenlisted in the RA on 23 June 1965.  He served in Vietnam from 29 October 1964 to 28 October 1965.  He was assigned to Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces.  He was promoted to sergeant major (SGM)/E-9 effective August 1966.

10.  Item 39 (Campaigns) of his DA Form 20 shows he participated in two campaigns in Vietnam.  Item 41 (Awards and Decorations) of the same DA Form 20 shows he was awarded or authorized the:

* Korean Service Medal
* United Nations Service Medal
* European-African-Middle Eastern Campaign Medal
* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* Parachutist Badge
* Army Good Conduct Medal (5th Award)
* Army Commendation Medal
* Combat Infantryman Badge 
* Senior Parachutist Badge
* National Defense Service Medal
* Master Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* four overseas service bars

11.  He retired on 30 November 1968 and he was placed on the Retired List in the rank/grade of SGM/E-9 on 1 December 1968.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* Combat Infantryman Badge
* European-African-Middle Eastern campaign Medal 
* Army Good Conduct Medal (2nd Award)
* four overseas service bars 
* Korean Service Medal
* National Defense Service Medal (2nd Award)
* Master Parachutist Badge 
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* United Nations Service Medal
* World War II Victory Medal

12.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized with the Korean Service Medal for each campaign a member is credited with participating in.  A bronze arrowhead device is worn with the Korean Service Medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Only one arrowhead device may be worn on any ribbon.

13.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in.

14.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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.

15.  Army Regulation 600-8-22 states a bronze service star is worn with the Parachutist Badge to denote participation in a combat parachutist jump.  
16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) lists campaign participation credit and unit awards received by units during World War II and the Korean War.  The pamphlet confirms that the applicant's unit in Korea was credited with participation in four campaigns and two airborne assaults during his tenure with the unit and was cited for award of the Republic of Korea Presidential Unit Citation.  

17.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Item 41 of his DA Form 20 shows he was awarded the Army Commendation Medal.  This award was omitted from his retirement DD Form 214.  Therefore, his DD Form 214 for the period ending 30 November 1968 should be corrected to show the Army Commendation Medal.

2.  He was awarded the Army Good Conduct Medal (5th Award), but his final DD Form 214 listed only the Army Good Conduct Medal (2nd Award).  Therefore, his DD Form 214 for the period ending 30 November 1968 should be corrected to show the Army Good Conduct Medal (5th Award).

3.  He was awarded the Korean Service Medal and he participated in four campaigns and two airborne invasions.  His retirement DD Form 214 did not list any service stars for these campaigns or an arrowhead device.  Therefore, his DD Form 214 for the period ending 30 November 1968 should be corrected to show the Korean Service Medal with four bronze service stars and arrowhead device.  

4.  He was awarded the Vietnam Service Medal.  His DA Form 20 shows he participated in two campaigns during his service in Vietnam.  His retirement DD Form 214 did not list service stars for these campaigns.  Therefore, his DD Form 214 for the period ending 30 November 1968 should be corrected to show the Vietnam Service Medal with two bronze service stars.

5.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not listed on his retirement DD Form 214.  Therefore, his DD Form 214 for the period ending 30 November 1968 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  His final DD Form 214 lists the Master Parachutist Badge, but does not list the two bronze service stars he is authorized to wear with this badge based on his participation in two airborne invasions during his service in Korea.  His DD Form 214 for the period ending 30 November 1968 should be corrected to show these service stars.  

7.  His DD Form 214 covering the period 23 June 1959 to 4 October 1962 listed the Armed Forces Expeditionary Medal as an authorized award.  His DD Form 214 for the period ending 30 November 1968 should be corrected to show this award.

8.  His service in Korea makes him eligible for the Republic of Korea War Service Medal, and he was assigned to a unit in Korea during a period for which the unit was awarded the Republic of Korea Presidential Unit Citation.  His DD Form 214 for the period ending 30 November 1968 should be corrected to show these foreign awards.  

BOARD VOTE:

___ x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the following awards from his DD Form 214 for the period ending 30 November 1968:

* Army Good Conduct Medal (2nd Award)
* Korean Service Medal
* Vietnam Service Medal
* Master Parachutist Badge
	b.  adding the following awards to his DD Form 214 for the period ending 30 November 1968:

* Army Commendation Medal
* Army Good Conduct Medal (5th Award)
* Armed Forces Expeditionary Medal
* Korean Service Medal with four bronze service stars and arrowhead device
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal
* Master Parachutist Badge with two bronze service stars



      _____________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)                                         AR20150012657



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ABCMR Record of Proceedings (cont)                                         AR20150012657



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