RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060009750 


	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

Ms. Anita McKim-Spilker 

Analyst


The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Mr. Qawiy A. Sabree

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: 

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award for his service in the Republic of Vietnam.    

	b.  the Armed Forces Expeditionary Medal and the Korean Defense Service Medal.

2.  The applicant states, in effect, some of these awards were omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty) and others were authorized after his discharge. 

3.  The applicant provides copies of his DD Forms 214; a copy of his Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and copies of orders showing he was assigned to the 23d Military Police (MP) Company.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 May 1968, the date of his release from active duty.  The application submitted in this case is dated 18 April 2006.

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

2.  On 30 June 1965, the applicant enlisted in the Regular Army for a period of three years.  He was trained in, awarded, and served in military occupational specialty (MOS) 95B (Military Policeman).  

3.  The applicant served in the Republic of Korea from 28 December 1965 through 27 January 1967.

3.  The applicant served in the Republic of Vietnam from 28 December 1967 through 18 June 1968.  He performed duties as a military police squad leader with Company A, 504th Military Police Battalion (Army).

4.  On 19 June 1968, the applicant was honorably discharged upon expiration of his term of service.

5.  On 7 February 1969, the applicant reenlisted in the Regular Army for a period of three years.  He served in the Republic of Vietnam from 7 March 1969 through 6 October 1970 and 31 July 1971 through 18 December 1971. 

6.  The applicant performed duties as military policeman with Battery D, 6th Battalion, 56th Artillery from 18 March 1969 through 24 July 1969.

7.  The applicant performed duties as military police squad leader with the 23rd MP Company from 25 July 1969 through 6 October 1970.

8.  The applicant performed duties as a public safety specialist with the 29th Civil Affairs Company from 6 August 1971 through 18 December 1971.

9.  On 19 December 1971, the applicant was honorably discharged upon completion of his term of service.

10.  Orders Number 659/QDI/QKI/TQT/DVBT/DQ, Republic of Vietnam Armed Forces, I Corps and Military Region 1, dated 8 December 1971, awarded the applicant the Republic of Vietnam Civil Actions Medal – 2nd Class for outstanding achievement in the field of civic actions.  

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, 72.

12.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Counteroffensive Phase III, the TET Counteroffensive, the Vietnam Counteroffensive Phase IV, The TET 1969 Counteroffensive, the Vietnam Summer-Fall 1969, the Consolidation I, and Consolidation II campaigns.   

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in seven campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

14.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (2nd Platoon, 23rd MP Company) was cited for award of the Valorous Unit Award for the period 11 – 31 August 1969, by Department of the Army General Orders Number 43, dated 1972.

15.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequent are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the AFEM may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  Individuals who served in Korea between 1 October 1966 through 30 June 1974 are authorized the AFEM. 

17.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 incorrectly shows "Vietnam Service Medal with 60 Device."  This notation will be corrected to "Republic of Vietnam Campaign Medal with Device (1960)" as directed below.

18.  The applicant was also awarded two Army Good Conduct Medals and his DD Form 214 shows only one award.  This correction will be directed below.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Republic of Vietnam Civil Actions Medal –
2nd Class by the Republic of Vietnam Armed Forces.  Therefore, he is entitled to have his records corrected to show this individual foreign award.

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  Evidence of record shows that the applicant participated in seven campaigns during his service in Vietnam.  Therefore, he is eligible for award of one silver service star and two bronze service stars to be affixed on his Vietnam Service Medal. 

4.  General Orders awarded the applicant's unit the Valorous Unit Award for the period 11-31 August 1969.  Therefore, he is entitled to have his record corrected to show this award.

5.  The applicant had a qualifying period of service in the Republic of Korea from 28 December 1965 through 27 January 1967.  Therefore, he meets the criteria for award of both the AFEM and the KDSM and is entitled to have his record corrected to show these awards.

6.  The applicant was awarded the Republic of Vietnam Campaign Medal with Device (1960) and it was incorrectly placed on the DD Form 214 with the Vietnam Service Medal.  Therefore, this correction will be directed below. 
 
7.  The applicant was twice awarded the Army Good Conduct Medal.  Therefore, he is entitled to have his records corrected to show the Army Good Conduct Medal (2nd Award).

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
18 December 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__mdm___  __jtm___  __qas___  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 the failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding the Republic of Vietnam Civil Actions Medal – 2nd Class;  

b.  awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	c.  awarding the Valorous Unit Award; 

	d.  awarding the Armed Forces Expeditionary Medal;

	e.  awarding the Korea Defense Service Medal;

	f.  awarding one silver service star and two bronze service stars for wear on his Vietnam Service Medal

	g.  deleting "VSMw/60Dev;"

	h.  deleting "RVNCM;"

	i.  adding Republic of Vietnam Campaign Medal with Device (1960);

	j.  deleting "GCMDL;"

	k:  adding "GCMDL (2nd Award)."




							Mark D. Manning
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009750
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0094
2.
107.0095
3.
107.0033
4.
107.0072
5.
107.0141
6.