RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         2 March 2006
      DOCKET NUMBER:  AR20050010142


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Korea Defense Service
Medal (KDSM).

2.  The applicant states, in effect, that he served in Korea from 1963 to
1964 and should receive this award.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 December 1974.  The application submitted in this case
is dated 28 June 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he served on active duty, in both an
enlisted and warrant officer status, for 20 years, 2 months, and 8 days,
and that he was honorably separated for the purpose of retirement on 31
December 1974.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that
he served in Korea from 24 May 1963 through 10 June 1964.  It also shows
that he served in the Republic of Vietnam (RVN) from 11 June 1970 through
11 June 1971.

5.  The separation document (DD Form 214) that was issued to the applicant
upon his separation for retirement on 31 December 1974, shows that he
completed a total of 20 years, 2 months, and 8 days of active military
service.  It also shows that he held the rank of chief warrant officer
three (CW3) on the date of his separation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that
during his active duty tenure, he earned the following awards:  Army Good
Conduct Medal (AGCM); National Defense Service Medal (NDSM) with 1st Oak
Leaf Cluster; Army Commendation Medal (ARCOM); Vietnam Service Medal (VSM);
Republic of Vietnam Campaign Medal (RVNCM) with 1960 Device; Bronze Star
Medal (BSM) with 2nd Oak Leaf Cluster; and Republic of Vietnam Gallantry
Cross with Palm Unit Citation.

7.  The Secretary of Defense approved the implementing instructions and
criteria for the KDSM on 3 February 2004.  The KDSM is authorized to
members of the Armed Forces who have served on active duty in support of
the defense of the Republic of Korea from 28 July 1954 to a date to be
determined.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s
military awards policy.  Paragraph 2-13 contains guidance on the VSM.  It
states, in pertinent part, that a bronze service star is authorized with
this award for each RVN campaign a member was credited with participating
in.

9.  Table B of the awards regulation provides a list of campaigns.  It
shows that during his tenure of assignment in the RVN, campaign credit was
granted for the Sanctuary Counteroffensive 1970 and Vietnam
Counteroffensive Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the KDSM based on his
service in Korea between 1963 and 1964 was carefully considered and found
to have merit.

2.  The Secretary of Defense authorized the KDSM to all members who served
in Korea from 28 July 1954 to a date to be determined.  The applicant's
record confirms he served in Korea for 13 months from 24 May 1963 through
10 June 1964.  Therefore, he meets the criteria for the KDSM and it would
be appropriate to add it to his record at this time.

3.  The record also shows that based on his RVN campaign participation, he
is entitled to 2 bronze service stars with his VSM.  Therefore, it would
also be appropriate to add this to his record at this time.
BOARD VOTE:

___WDP_  __JLP __  ___PMT_  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing his entitlement to the Korea
Defense Service Medal and 2 bronze service stars with his Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these changes.




                            _____William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010142                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1974/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]