RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070003807 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

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, in effect, correction of his records to show award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal.

2.  The applicant states, in effect, that he served in the Republic of Korea and was authorized the Armed Forces Expeditionary Medal; however, it was not added to his discharge document.  He also states, in effect, that his service in the Republic of Korea entitles him to award of the recently authorized Korea Defense Service Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Copy 1 (Individual Copy), with an effective date of 10 April 1968; an undated memorandum, subject: Request for Correction of Military Records and Issuance of the Korea Defense Service Medal; DA Form 1577 (Authorization for Issuance of Awards), dated 21 October 1991; DA Form 3027 (U.S. Army Request for National Agency Check), undated; Headquarters, Headquarters and Service Battery, 2nd Battalion, 8th Artillery (Korea), Unit Orders Number 7, dated 21 January 1967; Headquarters, Headquarters and Service Battery, 2nd Battalion, 8th Artillery (Korea), Unit Orders Number 38, dated 12 May 1967; Headquarters, 7th Infantry Division (Korea), Letter Orders 6-16-13, dated 16 June 1967; and DD Form 1580 (Military Standby Authorization for Commercial Air Travel), dated 28 June 1967.

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.  The applicant's military service records show that he was inducted into the U.S. Army on 28 June 1966.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational 

specialty (MOS) 13A (Field Artillery Basic).  He was subsequently awarded
MOS 13E (Field Artillery Operations and Intelligence).

3.  The applicant's military service records show that on 12 January 1967 he was issued orders for onward movement by air transportation to Korea and that he arrived at Kimpo Air Base, Korea on 14 January 1967.  The applicant’s military service records also show that he was assigned to Headquarters, Headquarters and Service Battery, 2nd Battalion, 8th Artillery in the Republic of Korea, on
19 January 1967, and that he remained assigned to that unit until his departure from the Republic of Korea on 10 April 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Korea, U.S. Army Pacific (USARPAC), from 12 January 1967 through 10 April 1968.  Item 39 (Campaigns) of this document is absent an entry.  Item 41 (Awards and Decorations) shows that he was authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's military service records contain a DD Form 214, Copy 2 (Record Copy), with an effective date of 10 April 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This document also shows that the applicant completed 1 year, 2 months, and 29 days of foreign service (in USARPAC).  The applicant was honorably released from active duty (REFRAD) on 10 April 1968 after completing a total of 1 year, 9 months, and
13 days net active service and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  This document also shows that the terminal date of his Reserve Military Training and Service Obligation was 27 June 1972.

6.  The applicant's military service records show that he reentered the Army when he enlisted in the USAR on 18 July 1985 at the San Diego Military Entrance Processing Station (MEPS), San Diego, California.

7.  The applicant's military service records contain a copy of a DD Form 214, Copy 1 (Individual Copy), with an effective date of 10 April 1968, which, in pertinent part, shows in Item 14 the entries “NDSM   SPS M-14  GOOD CONDUCT MED.”  However, the entries appear to have been made in at least two different font types and the entries are not properly aligned in the block.  In addition, Item 25 (Education and Training Completed) contains a signature and the signature block for Ronald L. S____, Ensign, U.S. Navy, San Diego MEPS, California  92101.

8.  The applicant’s military service records contain a copy of a Standard Form 180 (Request Pertaining to Military Records), dated 14 January 1989; a 2-page letter written by the applicant, dated 14 January 1989; and a copy of Headquarters, U.S. Army Reserve Personnel Center, Personnel Service Division, St. Louis, Missouri, memorandum, dated 15 Mach 1989.  These documents show, in pertinent part, that the applicant stated that after returning to Korea from his mid-tour leave in mid-August (1967), he (along with a group of other Soldiers) was issued temporary duty orders (TDY) for service in the Republic of Vietnam.  The applicant stated that he served approximately 4 weeks in Vietnam, he (and the other Soldiers) received “Vietnam Campaign Medals,” but he did not recall getting a Vietnam Service Medal.  The applicant stated that he had joined “The American Legion” and “Vietnam Vets of San Diego” and wanted a determination on award of the Vietnam Service Medal since his DD Form 214 did not reflect this service medal.  This documentation also shows that the USAR Personnel Center, St. Louis, Missouri, advised the applicant to apply to this Board for a determination of his eligibility.

9.  The applicant’s military service records do not contain TDY orders or any other evidence of service in the Republic of Vietnam.  

10.  The applicant's military service records show that he continued to serve in the USAR until 31 January 1993.  On 1 February 1993, the applicant enlisted in the California Army National Guard (CA ARNG).  The applicant’s records also show that he was separated from the CA ARNG on 1 December 1997 under the provisions of National Guard Regulation 600-200, paragraph 8-27f, as an unsatisfactory participant.

11.  In support of his application, the applicant provides a copy of his DD Form 214, Copy 1 (Individual Copy), with an effective date of 10 April 1968, which, in pertinent part, shows in Item 14 the entries “NDSM   SPS M-14  VIETNAM SERVICE MEDAL  VIETNAM CAMAIGN MEDAL W/ DEVICE  GOOD CONDUCT MEDAL.”  However, the entries appear to have been made in at least two different font types.  The undated memorandum and DA Form 1577 show, in pertinent part, that the applicant was authorized and issued the Armed Forces Expeditionary Medal for service in the Republic of Korea.  The DA Form 3027; Unit Orders, dated 21 January 1967 and 12 May 1967; Letter Orders, dated
16 June 1967; and DD Form 1580 dated 28 June 1967, all serve to provide evidence of his service in the Republic of Korea during the period 14 January 1967 to 3 July 1967 and that he departed on mid-tour leave on 4 July 1967.

12.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

14.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for
30 consecutive or 60 nonconsecutive days.  Qualifying service for this award includes service in the Republic of Korea in direct support of military operations from 1 October 1966 to 30 June 1974.

15.  The Korea Defense Service Medal 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.  Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia, message, dated
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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal (for service in Vietnam) and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

18.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal based on his service in the Republic of Korea.

2.  Records show that the applicant served a qualifying period of service in the Republic of Korea in direct support of military operations for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his records to show award of this service medal. 

3.  The evidence of record shows that, subsequent to 28 July 1954, the applicant served on active duty and completed a foreign service tour in the Republic of Korea (i.e., from 12 January 1967 to 10 April 1968).  Thus, the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, the applicant is entitled to correction of his records to show award of this service medal.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 28 June 1966 through 10 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant’s military service records are absent any evidence that he ever served in the Republic of Vietnam.  There is no entry in Item 39 (Campaigns) of his DA Form 20 showing campaign participation or any entry in Item 41 (Awards and Decorations) showing authorization of any award related to service in the Republic of Vietnam.  Therefore, notwithstanding the entries on the applicant’s DD Form 214, Copy 1 (Individual Copy) that he provides with his application, the applicant is not entitled to the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with “1960” Device, or any other decoration representing service in the Republic of Vietnam.  In this regard, Item 24 of the applicant’s
DD Form 214, Copy 2 (Record Copy), with an effective date of 10 April 1968, which is on file in his military service records, is considered valid.

BOARD VOTE:

___JCR _  ___DAC_  ___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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding the applicant the Good Conduct Medal for the period
28 June 1966 through 10 April 1968; and

	b.  correcting his DD Form 214, Copy 2 (Record Copy), with an effective date of 10 April 1968, to add the Good Conduct Medal, Armed Forces Expeditionary Medal, and Korea Defense Service Medal.




__Jeffrey C. Redmann___
          CHAIRPERSON




INDEX

CASE ID
AR20070003807
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680410
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Overseas Returnee
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0141.0000
2.
107.0056.0000
3.

4.

5.

6.