RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070015334 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 (Report of Separation from Active Duty) be corrected to show the award of the Korean Defense Service Medal.  He also requests any Overseas Service Bars and campaign medals for Thailand be added to his DD Form 214.

2.  The applicant states, in effect, his DD Form 214 should be corrected to show the awards of the Korean Defense Service Medal, Overseas Service Bars, and any campaign medals authorized for Thailand because he is entitled to the awards for serving in the designated areas.

3.  The applicant provides a copy of his DD Form 214; Headquarters, Department of the Army General Orders Number 50 dated 9 November  
1971; and a web page printout from the 519th Transportation Association, Thailand, Appendix B.

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 personnel record shows he enlisted in the Regular Army on 10 August 1954.  He completed the necessary training and was awarded the military occupational specialty (MOS) 111.70 (Light Weapons Infantryman).  He served continuously in various assignments until he was retired from active duty in the grade of E-9 on 29 February 1976.  He was placed on the retired list on 1 March 1976.  He completed 21 years, 9 months, and 20 days of Total Active Service.



3.  His military personnel record shows he served with Company C, 1st Brigade, 31st Infantry in the Republic of Korea during the period 8 January 1960 to  
16 February 1961.  He served with Company D, (Augmentation), 1st Special Forces Group (Airborne) in the Republic of Thailand during the period 12 October 1966 to 19 September 1967.

4.  He further served with Company C, 5th Special Forces Group (Airborne),  
1st Special Forces and Special Operations Augmentation, Command and Control Center, 5th Special Forces in the Republic of Vietnam during the periods  
25 November 1964 to 10 January 1965 and 17 September 1969 to 16 July 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the Vietnam Service Medal, Good Conduct Medal (6th Award), Bronze Star Medal (1st Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal (4th Award), Air Medal, National Defense Service Medal, Republic of Korea Presidential Unit Citation Badge, Master Parachutist Badge, Expert Infantryman Badge, Combat Infantryman Badge, Ranger Tab, Iran Parachutist Badge, Thai Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Service Medal (1st Oak Leaf Cluster).

6.  However, it does not show the awards of the Korean Defense Service Medal, Overseas Service Bars, or any campaign medals for Thailand.

7.  His previous DD Form 214 for the period ending 22 May 1975 shows the awards of the Army Commendation Medal with "V" Device and 4 Overseas Service Bars.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) also shows the awards of the Army Commendation Medal with "V" Device and 4 Overseas Service Bars.

9.  Item 29 (Qualification in Arms) of his DA Form 20 shows award of the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

10.  Army Regulation 600-8-22 (Military Awards) states that the Korean Defense Service Medal is authorized for award to members of the Armed Forces of the 
United States who have served on active duty in support of the defense of the 

Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  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 for 6 months.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  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 for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

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

14.  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 Advisory Campaign (15 March 1962 to 7 March 1965); Vietnam Defense Campaign (8 March 1965 to 24 December 1965); Vietnam Summer-Fall  
1969 (9 June 1969 to 31 October 1969); Vietnam Winter-Spring  
1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star is authorized in lieu of five bronze service stars.

15.  Army Regulation 600-8-22 does not provide any provisions for a campaign medal for service in the Republic of Thailand.  However, the Vietnam Service Medal was awarded to members of the Armed Forces of the United States in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in the Republic of Vietnam.  Additionally, no person will be entitled to more than one award of the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Korean Defense Service Medal, Overseas Service Bars, and any campaign medals for Thailand.

2.  Evidence shows the applicant is authorized the awards of the Korean Defense Service Medal and Republic of Vietnam Campaign Medal.  Therefore, he is entitled to correction of his records to show these awards.

3.  Evidence shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized the award of 4 Overseas Service Bars be worn on his uniform.  However, there is no provision in the Military Awards regulation to annotate this award on his DD Form 214.

5.  Evidence shows the applicant was assigned to a unit that participated in six campaigns.  Therefore, he is entitled to correction of his records to show one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.

6.  There is no provision for a separate campaign Medal for service in Thailand.  Therefore, he is not entitled to correction of his records to show any additional campaign medals.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP  __  __TSK__  __DWT__   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 showing the awards of the Korean Defense Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and one silver service star and one bronze service star to be affixed to his already-awarded Vietnam 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 the award of a campaign medal for Thailand and the addition of 4 Overseas Service Bars on his DD Form 214.




      ___        TSK                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070015334



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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