IN THE CASE OF:	  

	BOARD DATE:	  21 August 2008

	DOCKET NUMBER:  AR20080000644 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Expert Infantryman Badge (EIB), Legion of Merit (LOM) 1st Oak Leaf Cluster (2nd Award), Presidential Unit Citation (PUC) 2nd Oak Leaf Cluster (3rd Award), and Korea Defense Service Medal (KDSM).  

2.  The applicant states, in effect, that in November of this year [2007], he was informed that he had served in three units that were awarded the PUC, and that a medal had been approved for service in Korea during the period July 1954 to a future date.  He also states that after reviewing his separation document (DD Form 214), he noticed that the 2nd Award of his LOM and EIB were not included in the list of awards contained in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  He now requests that his DD Form 214 be corrected accordingly.

3.  The applicant provides the following documents in support of his application:  Self-Authored Letter, dated 12 December 2007; DD Form 214; Department of the Army (DA) PUC General Orders (GO) Number (#) 25, dated 8 June 2001 and GO # 75, dated 2 December 1969; Officer Qualification Record (DA Form 66); and Headquarters, 4th Infantry Division Special Orders (SO) # 32, dated 1 February 1968.  

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 record shows he was commissioned a second lieutenant in the United States Army Reserve (USAR) and entered active duty in that status on 4 April 1961.

3.  The applicant's Officer Qualification Record (DA Form 66) shows he served in the Republic of Korea (ROK) from 11 January 1956 through 7 April 1957, and that he completed three tours of duty in the Republic of Vietnam (RVN) during the following periods: 4 September 1964 through 2 March 1965, 19 October 1967 through 13 October 1968, and 5 January 1971 through 24 December 1971.  

4.  Item 38 (Record of Assignments) shows that during his first RVN tour, he was assigned to Company B, 1st Special Forces Group, 1st Special Forces.  During his second RVN tour he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 4th Infantry Division and HHC, 1st Battalion, 
8th Infantry Regiment, and finally during his third tour, he was assigned to the 2nd Corps, United States Military Assistance Command, Vietnam (MAC-V).

5.  The applicant's record contains a Personnel Qualification Record 
(DA Form 2-1), which was prepared on 21 May 1974, and that was last reviewed by the applicant on 4 October 1976.  Item 9 (Awards, Decorations and Campaigns) shows he earned the following awards:  Army Good Conduct Medal (AGCM); Army Commendation Medal (ARCOM) 3rd Oak Leaf Cluster
(4th Award) with "V" (Valor) Device; Air Medal (AM) 1st Oak Leaf Cluster; Bronze Star Medal (BSM) 1st Oak Leaf Cluster; National Defense Service Medal (NDSM); RVN Campaign Medal with Device (1960); Parachutist Badge; RVN Gallantry Cross with Palm Unit Citation; RVN Civil Actions Honor Medal First Class Unit Citation; Staff Service Medal First Class Unit Citation; Ethnic Minority Service Medal First Class; Combat Infantryman Badge (CIB); Master Parachutist Badge; and 4 Overseas Service Bars.
6.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 2nd Armored Division, SO # 113, dated 23 April 1963, which awarded the applicant the EIB.  It also contains Headquarters, United States Army Training and Doctrine Command Permanent Orders, dated 30 August 1977, which awarded the applicant the LOM 1st Oak Leaf Cluster (2nd Award) for the period 22 August 1975 through 31 August 1977.  

7.  On 31 August 1977, the applicant was honorably retired, in the rank of lieutenant colonel, after completing a total of 21 years, 1 month, and 15 days of active military service.  Item 26 of the DD Form 214 he was issued shows he earned the following awards:  NDSM; AGCM; ARCOM 3rd Oak Leaf Cluster (4th Award) with "V" Device; BSM 1st Oak Leaf Cluster; VSM with 1 silver service star and 3 bronze service stars; RVN Campaign Medal with Device (1960); RVN Gallantry Cross with Palm Unit Citation; 4 Overseas Service Bars; Air Medal 1st Oak Leaf Cluster (2nd Award); CIB; Master Parachutist Badge; LOM; Vietnam Staff Service Medal First Class; and Ethic Minority Service Medal. 

8.  The applicant provides DA GO 75, dated 2 December 1969, which awarded Companies A and C, 1st Battalion, 8th Infantry Mortar Platoon and Company E, 1st Battalion, 8th Infantry, the PUC for extraordinary heroism during the period
25 and 26 May 1968, while engaged in military operations against a numerically superior hostile force.  He also provides DA GO 25, dated 8 June 2001, which awarded MAC-V Studies and Observation Group and numerous listed assigned and attached units, which includes Detachment B-53, 5th Special Forces Group (highlighted by the applicant), the PUC.  The period of award identified for Detachment B-53, 5th Special Forces Group, is January 1964 through 
31 December 1971.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's award policy. Paragraph 2-20 of the awards regulation contains guidance on the KDSM and states, in pertinent part, that it is authorized for members who served in the ROK for 30 consecutive or 60 non-consecutive days during the period 28 July 1954 to a date to be determined. 

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, one of the applicant’s units (HHC, 1st Brigade, 4th Infantry) earned the PUC for the period 18 through 26 May 1967, which was awarded in DA GO # 38 in 1971.  There is no indication that any of the applicant's other RVN units were awarded the PUC during his tenure of assignment in those units.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the EIB was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the EIB by proper authority and that this award was authorized and announced in official orders that are on file in the applicant's OMPF.  Therefore, it would be appropriate to add this award to his separation document at this time.

2.  The applicant's contention that his LOM 1st Oak Leaf Cluster (2nd Award) was omitted from his DD Form 214 was also carefully considered and found to have merit.  His record includes orders that awarded him the LOM 1st Oak Leaf Cluster upon his retirement.  As a result, it would be appropriate to add this award to Item 26 of his DD Form 214.  

3.  The evidence of record also confirms that based on his ROK service during the period 11 January 1956 through 7 April 1957, he is entitled to the KDSM.  Thus, it would be appropriate to add this award to his record and separation document at this time.

4.  The applicant's contention that he is entitled to three awards of the PUC was also considered.  However, the evidence of record confirms his entitlement to one award of the PUC based on his service with HHC, 1st Brigade, 4th Infantry, during the period 8 through 26 May 1967, which was awarded in DA GO # 38 in 1971.  His record does not show any other unit he was assigned to during his three tours of duty in the RVN earned a PUC during his tenure of assignment.  His record also does not show he was assigned to Company A or C, 
1st Battalion, 8th Infantry, during the period 25 and 26 May 1968, which is the period these units earned the PUC, or that he was assigned to Detachment B-53, 5th Special Forces Group, during the period 24 January 1964 through 
31 December 1971, which was the period that unit earned the PUC.  As a result, it would be appropriate only to correct his record to show entitlement to one PUC. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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 his entitlement to the Legion of Merit 1st Oak Leaf Cluster (2nd Award), Presidential Unit Citation, Korean Defense Service Medal, and the Expert Infantryman Badge; and by providing him a correction to his separation document that includes these awards.   

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 additional awards of the Presidential Unit Citation.



      __________x_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000644



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ABCMR Record of Proceedings (cont)                                         AR20080000644



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