RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070004788 


	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:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 all his authorized awards and decorations.

2.  The applicant states, in effect, that he served three overseas tours in the Republic of Korea and one in Thailand.

3.  The applicant provides copies of Headquarters, 6th Personnel and Administrative Battalion (Korea), Special Orders Number 314, dated
10 November 1971; Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, Kansas, Special Orders Number 70, dated 9 April 1974; and Headquarters, U.S. Army Communications Command, Thailand, Special Orders Number 88, dated 16 June 1975.

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 enlisted and entered active duty in the Regular Army (RA) on 1 August 1968.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 76U (Communications Electronic Repair Parts Specialist).  The applicant was honorably released from active duty on 28 July 1971 and transferred to the U.S. Army Reserve (USAR).

3.  The applicant’s military service records show that he enlisted and reentered the RA on 30 September 1971 in MOS 76U.  The applicant continued to serve on active duty in the RA, was awarded MOS 76X (Subsistence Storage Specialist), and was promoted to the rank of sergeant first class, effective 1 January 1983.  
The applicant honorably retired from active duty, on 30 November 1988, after completing a total of 20 years, 1 month, and 29 days active service.
4.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows he served 18 months in Okinawa, from January 1969 through July 1970; 12 months in Taiwan, from July 1970 through July 1971; 13 months in Korea, from 7 November 1971 through
6 December 1972; and 12 months in Thailand, from 19 June 1974 through
18 June 1975.  Item 38 (Record of Assignments) shows, in pertinent part, that the applicant was assigned to the 45th Transportation Company (Korea) on
13 November 1971.  This item also shows that he was assigned to Headquarters and Troop Command, U.S. Army Communications Command (Thailand) on
21 June 1974.  Item 41 (Awards and Decorations) of the DA Form 20 shows that he was awarded the Good Conduct Medal, National Defense Service Medal, and Armed Forces Expeditionary Medal.

5.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Foreign Service) shows that he completed
7 overseas service tours, as follows:  18 months in Okinawa, from January 1969 through July 1970; 12 months in Taiwan from, July 1970 through July 1971;
13 months in Korea, from July 1971  through December 1972; 12 months in Thailand, from June 1974 through December 1975; 12 months in Korea, from December 1979 through November 1980; 12 months in Korea, from April 1982 through April 1983; and 37 months in Germany, from 16 October 1984 through
7 November 1987.

6.  Item 35 (Record of Assignments) of the DA Form 2-1 shows, in pertinent part, that the applicant was assigned to Ramas United Nations Detachment, U.S. Army Communications Command (Thailand) on 21 June 1974 and to Bangkok Detachment, U.S. Army Communications Command (Thailand) on 1 July 1975.  This item also shows that he was assigned to the U.S. Army Pusan Storage Facility (Korea) on 13 December 1979.  This item further shows he was assigned to the U.S. Army Pusan Storage Facility (Korea) again, on 25 April 1982.

7.  Item 9 (Awards and Decorations) of the DA Form 2-1 shows that he was awarded the Army Commendation Medal, Good Conduct Medal (6th Award), National Defense Service Medal, Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon with Numeral “3”, Army Service Ribbon, Overseas Service Ribbon with Numeral “6”, and Expert Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's military service records contain a copy of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 28 July 1971, which shows he was honorably released from active duty and transferred to the USAR.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal and Good Conduct Medal.

9.  The applicant's military service records contain a copy of a DD Form 214 (Report of Separation from Active Duty), with an effective date of 28 October 1975, which shows he was honorably discharged for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Good Conduct Medal (2nd Award).

10.  The applicant's military service records contain a copy of a DD Form 214, with an effective date of 28 September 1979, which shows he was honorably discharged for the purpose of immediate reenlistment.  Item 26 shows that he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, and Good Conduct Medal (3rd Award).

11.  The applicant's military service records contain a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 November 1988, which shows he was honorably retired from active duty for length of service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the Meritorious Service Medal, Army Commendation Medal, Good Conduct Medal (6th Award), National Defense Service Medal, Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon with Numeral “3” (Advanced Level), Army Service Ribbon, Overseas Service Ribbon with Numeral “5”, and Expert Marksmanship Qualification Badge with Rifle Bar.

12.  In support of his application, the applicant provides a copy of Headquarters, 6th Personnel and Administrative Battalion, Special Orders Number 314, dated 10 November 1971, which show he was assigned to the 45th Transportation Company (Korea) on 13 November 1971.  He also provides a copy of Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, Kansas, Special Orders Number 70, dated 9 April 1974, which show he was assigned to the U.S. Army Communications Command (Thailand) in June 1974.  He further provides a copy of Headquarters, U.S. Army Communications Command, Thailand, Special Orders Number 88, dated 16 June 1975, which show he was reassigned to the Bangkok Signal Detachment, Headquarters,
U.S. Army Communications Command, Thailand, on 23 June 1975.

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

14.  The applicant's records contain a copy of Headquarters, 194th Armored Brigade, Fort Knox, Kentucky, Permanent Orders 98-2, dated 12 July 1988, which show he was awarded the Army Achievement Medal for meritorious achievement for the period 14 April 1988 to 4 May 1988.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.

16.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completed before 1 August 1981, provided they had an Active Army status on or after 1 August 1981.  On 25 October 2005, the policy that restricted award of the Overseas Service Ribbon when another campaign or service medal is awarded was eliminated, provided the individual was credited with normal tour completion for the overseas tour location.

17.  Army Regulation 600-8-22 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.  This document also shows that qualifying service for the Armed Forces Expeditionary Medal also includes service in Vietnam between 1 July 1958 and 3 July 1965 and that these individuals may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  In addition, the Armed Forces Expeditionary Medal is authorized for service in Vietnam for direct participation in Operation Frequent Wind (the evacuation of Vietnam) from
29 April 1975 to 30 April 1975.


18.  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.

19.  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.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.

20.  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; however, such individuals must meet the criteria established for the Armed Forces Expeditionary Medal (for service in Vietnam) or the Vietnam Service Medal during the period of service required in order to qualify for the Republic of Vietnam Campaign Medal.

21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Military Personnel Records Jacket (MPRJ) or Official Military Personnel File (OMPF).

22.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214. The instructions for Item 13 state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his service in the Republic of Korea entitles him to award of the Korea Defense Service Medal.  He also contends, in effect, that his service in Thailand entitles him to award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal.

2.  The evidence of record shows that, subsequent to 28 July 1954, the applicant served on active duty and completed 3 foreign service tours in the Republic of Korea.  The evidence of record also shows that the applicant was awarded the Armed Forces Expeditionary Medal for service in the Republic of Korea in direct support of military operations from 7 November 1971 through 6 December 1972. 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.

3.  The evidence of record shows that the applicant served on active duty in Thailand, from 19 June 1974 through 18 June 1975.  However, there is no evidence of record showing that the applicant served in Thailand in direct support of operations in Vietnam during the period 1 March 1961 through 28 March 1973. Therefore, he is not entitled to award of either the Vietnam Service Medal or the Republic of Vietnam Campaign Medal.

4.  Permanent Orders awarded the applicant the Army Achievement Medal. Therefore, it would be appropriate to correct his records to show this award.

5.  The evidence of record shows that the applicant was credited with completion of 7 overseas service tours during his military service and that he had an Active Army status on or after 1 August 1981.  The evidence of record also shows that the policy that restricted award of the Overseas Service Ribbon when another campaign or service medal (e.g., Armed Forces Expeditionary Medal, Korea Defense Service Medal, etc.) is awarded was eliminated on 25 October 2005. Therefore, the applicant is entitled to correction of his records to show award of the Overseas Service Ribbon with Numeral “7.”

6.  As a matter of information for the applicant, in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  However, the applicant may submit an application for the certificate to the Commander, U.S. Army Human Resources Command, Cold War Recognition, 
Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Additional information is available on the Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ LDS __  _ SWF__  _ RSV__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  deleting from Item 13 of his DD Form 214 the “Overseas Service Ribbon (5)” and

	b.  adding to Item 13 of his DD Form 214 the “Overseas Service Ribbon with Numeral ‘7’ and Korea Defense Service Medal.”


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 service/campaign medals related to the Vietnam Conflict.  




____Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20070004788
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/10/25 
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19881130
DISCHARGE AUTHORITY
AR 635-200, Chapter 12
DISCHARGE REASON
Retirement for Length of Service
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0141.0000
2.

3.

4.

5.

6.