RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 February 2004
         DOCKET NUMBER: AR2003088249


         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. Paul Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Robert L. Duecaster		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

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

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his awards.

2. The applicant states that several medals, including the Civic Actions Medal (sic) and Korean Service Medal were left off his DD Form 214 when he left the Army.

3. The applicant provides: a copy of his DA Form 20 (Enlisted Qualification Record); a draft of a citation; a draft of narrative description; a copy of orders, dated 12 May 1968, for award of the Bronze Star Medal; a cover letter, dated 16 February 1970, pertaining to the award of the Army Commendation Medal; a copy of promotion orders to pay grade E-6, dated 21 July 1967; page 1 of DA Form 4 (Enlistment Record Armed Forces of the United States) showing his reenlistment on 30 April 1965; and a part of Special Orders 230, dated 24 August 1968, assigning him to Fort Lee, Virginia.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel requests that the Board grant the applicant's request.

2. Counsel states concurrence with the applicant's contentions that his DD Form 214 be changed to reflect the Korean Service Medal and the Civic Action Medal.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 30 March 1971. The application submitted in this case is dated 14 March 2003.

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 limitation 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 records are incomplete. The available records show some of his service during his last period of service from 30 April 1965 through 30 March 1971. He had a prior period of National Guard service from 3 October 1961 through 29 July 1962 and a prior period of active service from 30 March 1963 through 29 April 1965. The available records do not contain many of the documents pertaining to these two prior periods of service. The period from 30 March 1963 through 29 April 1965 is the time frame during which the applicant served in Korea. Additionally, his DD Form 214 for the period 30 March 1963 through 29 April 1965 is missing.

4. The applicant served in the Republic of Vietnam on two separate tours the first being 20 April 1967 through 12 October 1968 and the second being 23 April 1970 through 22 April 1971.

5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit (Company B, 1st Battalion, 18th Infantry, 1st Infantry Division) to which the applicant was assigned on his first tour was cited for award of the Valorous Unit Award for the period 6 October 1967 to 10 December 1967 based on Department of the Army General Orders Number 32, dated 1973.

6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit (Company B, 1st Battalion, 18th Infantry, 1st Infantry Division) to which the applicant was assigned on his first tour was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 12 July 1965 to 16 October 1968 based on Department of the Army General Orders Number 21, dated 1969.

7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit (Company B, 1st Battalion, 18th Infantry, 1st Infantry Division) to which the applicant was assigned on his first tour was cited for award of the Republic of Vietnam Civil Actions Honor Medal for the period 12 July 1965 to 7 April 1970 based on Department of the Army General Orders Number 53, dated 1970.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit (Company G, 75th Infantry Rangers Regiment) to which the applicant was assigned on his second tour was twice cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the unit. The first period was 31 March 1970 to 30 June 1970 based on Department of the Army General Orders Number 42, dated 1972, and the second period was 1 April 1971 to 30 June 1971 based on Department of the Army General Orders Number 6, dated 1974.

9. Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that only one award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. This guidance also provides that when a single unit receives duplicate awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, then only one will be recorded in official personnel records.

10. Army Regulation 600-8-22, in pertinent part, authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS will be worn on the appropriate service medal. The applicant served in Vietnam during eight campaigns: Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; Tet Counteroffensive, which extended from 30 January through 1 April 1968; Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971. The applicant qualifies for 1 Silver Service Star based on his participation in 5 campaigns during his first tour of duty and he qualifies for 3 Bronze Service Stars based on his participation during his second tour of duty.

11. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB. The applicant qualifies for 5 awards of the OSB.

12. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

13. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1. Neither the applicant nor counsel has provided any evidence to show the applicant meets the criteria for the Korean Service Medal. Additionally, there is no such award as the Civic Actions Medal for service in Korea.

2. The applicant may be entitled to additional awards based on his two prior periods of military service, but without records, the ABCMR cannot make a determination. If the applicant can obtain copies of his records for those periods of service, he may reapply to this Board for an additional correction to his DD Forms 214.

3. The available records indicate the applicant was awarded the GCMDL for the period 30 March 1963 through 29 March 1966. There is no evidence he was disqualified for the GCMDL for his service 30 March 1966 through 30 March 1971. Therefore, he is entitled to a 2nd award of the GCMDL for this additional period of service.

4. General Orders show the applicant is entitled to award of the Valorous Unit Award. Therefore, he is entitled to correction of his records to show this unit award.

5. General Orders show the applicant is entitled to 3 awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show award of this foreign unit award. None are duplicate awards. However, he is only authorized wear of one award of the medal.

6. General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal. Therefore, he is entitled to correction of his records to show award of this foreign unit award.

7. According to AR 600-8-22 and his service records, the applicant is entitled to award of one silver service star (SSS) and three bronze service stars (BSS) for wear on his Vietnam Service Medal. Therefore, he is entitled to correction of his records to show award of 1 SSS and 3 BSSs for wear on his Vietnam Service Medal.

8. According to AR 670-1 and his service records, the applicant is entitled to award of five Overseas Service Bars (OSBs). Therefore, he is entitled to correction of his records to show award of 5 OSBs.

BOARD VOTE:

__rjw___ __mhm___ __rld___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 adding the Good Conduct Medal, 1st Oak Leaf Cluster; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross Unit Citation with Palm (3 awards); Republic of Vietnam Civil Actions Honor Medal; by adding 1 SSS and 3 BSSs to his Vietnam Service Medal; and by adding 5 OSBs.

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 the Korean Service Medal and Civic Actions Medal, presumably for Korea.




                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088249
SUFFIX
RECON
DATE BOARDED	20040219
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0070
2.	107.0056
3.	107.0033
4.	107.0094
5.	107.0095
6.