RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070003199 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William Blakely

Member

Mr. Donald L. Lewy

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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1980 be corrected to show the award of the Prisoner of War (POW) Medal.  Also, he requests that item 14 (Military Education) and item 12f (Foreign Service) of the same DD Form 214 be corrected.

2.  The applicant states, in effect, in 1970 he was a POW in Vietnam for three months and was tortured daily until he escaped in December 1970.  He states that he served five years in Germany, two years in Korea, and two years in Vietnam.  He states that his Airborne School, Noncommissioned Officer School, and Chemical Biological and Radiological training are missing from his DD Form 214.

3.  He further states, in effect, that he has been in therapy and counseling on and off for the past 35 years and he just started to care about correcting his records.

4.  The applicant provides copies of his DD Forms 214 for the periods ending  
30 November 1980, 4 March 1975, 30 July 1968, 15 June 1966, and 5 March 1963.  Also, he provides a copy of his Department of Veterans Affairs medical record progress notes for the period between 1985 to 1989.  The progress notes gave a brief synopsis of the applicant's various visits seeking medical assistance and claiming he was a POW.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 November 1980.  The application submitted in this case is dated 26 February 2007.

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 military records show that he entered active duty on 14 March 1960.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 112.10 (Heavy Weapons Infantryman).  According to his DD Forms 214 for the periods ending 5 March 1963, 15 June 1966, 30 July 1968, and 4 March 1975, he had consecutive reenlistments until he was honorably retired as a 71L4O (Administrative Supervisor) on 30 November 1980 and placed on the retired list on 1 December 1980.  The DD Form 214 he was issued for the period ending 30 November  
1980 shows that he completed 5 years, 7 months, and 26 days of net active service this period. 

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 for the period ending 30 November 1980 shows the entry 1 year, 0 month, and 0 day.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending  
30 November 1980 shows the entries Expert Marksmanship Qualification Badge with Rifle Bar M-16, Good Conduct Medal-4, Air Medal-1, Bronze Star 
Medal-3, Armed Forces Expeditionary Medal, Parachutist Badge, Army Commendation Medal-1, Overseas Service Bars (3), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Infantryman Badge, Vietnam Service Medal, and Gold Star Recruiter Badge.  However, it does not show the award of the POW Medal.

6.  A review of the applicant's military records shows there is no record of the applicant ever being a POW in December 1970.  However, Headquarters, II Field Force Vietnam, General Orders Number 193, dated 27 January 1971, for award of the Bronze Star Medal with "V" Device Second Oak Leaf Cluster shows that the applicant was involved in a rescue operation against a hostile force on  
23 December 1970, wherein he organized two litter teams to carry wounded Soldiers to the medical aid station.

7.  Item 14 (Military Education) of the applicant's DD Form 214 for the period ending 30 November 1980 shows the entry "None."

8.  Item 29 (Other Service Training Courses Successfully Completed) of the applicant's DD Form 214 for the period ending 5 March 1963 shows that he completed the Chemical Biological and Radiological training.  Also, the DD Form 214 for the period ending 15 June 1966 shows that he completed the Airborne school and the Noncommissioned Officer Academy school.  

9.  The applicant's DD Forms 214 for the periods ending 5 March 1963, 15 June 1966, 30 July 1968, and 4 March 1975 shows that he was credited with completion of his overseas tours for Germany, Korea, and Vietnam.  

10.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows that he served in Korea during the period 11 March 1977 to 10 March 1978.  Also, it shows that he served in Vietnam during the periods 15 August 1965 to 2 June 1966 and 21 September 1970 to  
20 September 1971.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985, and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.

12.  A review of the applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214 for the period ending 30 November 1980.

13.  Headquarters U.S. Army Armor Center and Fort Knox, Permanent Orders 213-1, dated 31 October 1980, shows that the applicant was awarded the Meritorious Service Medal.

14.  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.

15.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Defense Campaign, Vietnam Counteroffensive, Vietnam Counteroffensive Phase VII, and Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
17.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.

18.  Army Regulation 635-5 provides, in pertinent part, that block 14 (Military Education) of the DD Form 214 will be used to record all formal in-service (full-time attendance) training courses (less training courses for combat skills) successfully completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending  
30 November 1980 should be corrected to show award of the POW Medal.  Also, he requests that item 14 (Military Education) and item 12f (Foreign Service) of the same DD Form 214 be corrected.

2.  The evidence shows that the applicant was not a prisoner of war for three months and that he escaped in December 1970.  However, he was involved in a rescue mission on 23 December 1970.  Therefore, he is not entitled to award of the POW Medal.

3.  The applicant states that his Airborne school, Noncommissioned Officer school, and Chemical Biological and Radiological training were missing from item 14 of his DD Form 214 for the period ending 30 November 1980.  However, those schools were previously recorded on his DD Forms 214 for the periods ending 5 March 1963 and 15 June 1966.  Likewise, his foreign service for Germany, Korea, and Vietnam was previously recorded.

4.  The evidence shows that the applicant served in Korea during the period  
11 March 1977 to 10 March 1978.  Therefore, item 12f (Foreign Service) of his DD Form 214 for the period ending 30 November 1980 is correct.

5.  Orders show that the applicant was awarded the Meritorious Service Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  The evidence shows that the applicant is entitled to an award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this foreign award. 

7.  The evidence shows that the applicant served in Vietnam during the periods 15 August 1965 to 2 June 1966 and 21 September 1970 to 20 September 1971.  Therefore, he is entitled to correction of his records to show four bronze service stars to be affixed to his Vietnam Service Medal.

8.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 November 1980; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
29 November 1983.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____wdp_  ___wb___  ___dll___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show the award of the POW Medal, Airborne school, Noncommissioned Officer School, and Chemical Biological and Radiological Training.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show Meritorious Service Medal, Korean Defense Service Medal, and four bronze service stars to be affixed to his Vietnam Service Medal.




___________William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR20070003199
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070816
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.