RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20080000342 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Korean Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that either clerical or command failure was the cause for these awards not being entered on his DD Form 214.

3.  The applicant provides copies of his DD Forms 214 and DD Form 215 (Correction of DD Form 214).

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.  On 31 January 1963, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  On 26 June 1963, the applicant was assigned for duty as a rifleman with the 1st Battalion, 7th Cavalry Regiment, in the Republic of Korea.  He served in this unit for 13 months and returned to the United States for duty with the 8th Infantry Regiment at Fort Hood, Texas.

4.  On 21 March 1965, the applicant was discharged with an honorable characterization of service.  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 1 month, and 22 days of creditable active service.


5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 21 March 1965, lists his awards the Expert Badge (M-14 Rifle) (sic) and the 1st Class Gunner (M-60) (sic).  

6.  On 22 March 1965, the applicant reenlisted in the Regular Army for 6 years.

7.  On 29 December 1965, the applicant was assigned as a drill sergeant at Fort Bliss, Texas.

8.  On 5 October 1967, the applicant was assigned for duty as a squad leader with Company D, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, in Hawaii.  On 5 December 1967, he went with his unit to the Republic of Vietnam.

9.  On 16 February 1968, the applicant was medically evacuated from the Republic of Vietnam to Denver, Colorado.  

10.  On 31 May 1968, the applicant was assigned for duty as a drill sergeant at Fort Campbell, Kentucky.

11.   On 18 September 1969, the applicant was discharged, under honorable conditions.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 6 years, 7 months, and 18 days of creditable active service.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 18 September 1969 [as previously corrected], lists his awards as the National Defense Service Medal, Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Drill Sergeant’s Identification Badge, Expert Badge (Rifle M-14) (sic), and the Expert Badge with 106 Recoilless Rifle Bar.  

13.  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 following three campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  



14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

2.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

3.  Records show that the applicant served during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

__ JRS __  __LE  ___  _LWR __  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 showing that, in addition to the awards shown on his DD Form 214 effective 
18 September 1969, his authorized awards include one bronze service star to be affixed to his already-awarded Vietnam Service Medal with two bronze service stars, Korean Defense Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



 




___       Lester Echols_________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.