IN THE CASE OF:	  

	BOARD DATE:	  3 June 2008

	DOCKET NUMBER:  AR20080000957 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and all other awards that he may be entitled to receive. 

2.  The applicant states, in effect, that the awards were left off his DD Form 214 upon retirement, due to an administrative oversight.

3.  The applicant provided a copy of his DD Form 214, dated 30 June 1971, and a copy of his DA Form 20 (Enlisted Qualification Record), in support of his application.  

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 records show that he was inducted into the Army of the United States and entered active service in Honolulu, Hawaii, on 8 January 1951.  He was trained in military occupational specialty (MOS) 1263 (Psychiatric Social Work Technician).  He was honorably separated on 22 December 1952 for the purpose of enlistment in the Regular Army.

3.  The applicant’s records further show that he enlisted in the Regular Army for a period of 6 years on 23 December 1952.  He subsequently executed a series of reenlistments in the Regular Army to include a 6 year reenlistment on 23 December 1958 and two 3 year reenlistments on 23 December 1964 and on 23 December 1967.  He was honorably separated on 30 June 1971 and placed on the retired list on 1 July 1971 with 20 years, 10 months, and 15 days of creditable military service, in the rank of sergeant first class (SFC).

4.  The applicant’s records show he was awarded the Armed Forces Expeditionary Medal (as shown on his DD Form 214, dated 22 December 1964), the National Defense Service Medal (Oak Leaf Cluster) (as shown on his DD Form 214, dated 22 December 1967), and the Good Conduct Medal (6th Award) (as shown on his DD Form 214, dated 30 June 1971).

5.  Item 26 (Foreign and/or Sea Service) of the applicant’s DD Form 214, dated 22 September 1952, shows the applicant completed 1 year, 11 months, and 15 days of foreign service.  Furthermore, Item 28 (Most Significant Duty Assignment) of this DD Form 214 shows the applicant was assigned to the Army Medical Service Detachment, 8286 Army Unit, Station Complement, Tripler Army Hospital, Hawaii.  

6.  Headquarters, U.S. Forces, Far East, General Orders Number 146, dated 28 May 1953, show that General Orders Number 160, Headquarters, Far East Command, 1952, as amended, were further amended to award the Korean Service Medal to:

	a.  Headquarters and Headquarters Detachment (HHD) Japan Stockade, 8044th Army Unit, from 27 September 1950 to 20 December 1950;

	b.  HHD, U.S. Army Stockade, 8044th Army Unit, from 21 December 1950 to 14 February 1951; and

	c.  U.S. Army Stockade, 8044th Army Unit, on 15 February 1951.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he was awarded the National Defense Service Medal (1st Oak Leaf Cluster), the United Nations Service Medal, the Korean Service Medal, the Armed Forces Expeditionary Medal, and the Good Conduct Medal (6th Award).  

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

10.  Item 31 (Foreign Service) and Item 38 (Record of Assignments) of the applicant’s DA Form 20 show that the applicant completed four periods of foreign and/or overseas service, one of which was from 20 November 1964 to 13 May 1965, in the Republic of Vietnam.  He was assigned to the 406th Medical Laboratory.  

11.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the 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 and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 406th Medical Laboratory was awarded the Meritorious Unit Commendation, during the period 1 January 1965 to 31 July 1965, based on Department of the Army General Orders Number 22, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 4, dated 1974. 

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Advisory Campaign, 15 March 1962 to 7 March 1965, and the Vietnam Defense Campaign, 8 March 1965 to 24 December 1965, during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show award of the Korean Service Medal, the United Nations Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the National Defense Service Medal and all other awards that he may be entitled to receive. 

2.  With respect to award of the Korean Service Medal, the applicant's records are void of General Orders Number 160, dated 1952; however, it appears that these orders awarded the applicant's unit the Korean Service Medal.  This explains why General Orders Number 146, dated 28 May 1953, amending General Orders Number 160 are filed in the applicant's record.  Furthermore, his DA Form 20 shows he was awarded the Korean Service Medal.  Therefore, there sufficient evidence to show the applicant is entitled to correction of his records to show award of the Korean Service Medal.

3.  The evidence of record shows the applicant s is also entitled to award of the United Nations Service Medal based on award of the Korean Service Medal and correction of his records to show this award.  

4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

5.  With respect to award of the National Defense Service Medal, the National Defense Service Medal is awarded for service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974.  The evidence of record shows that the applicant served a qualifying period for award of two National Defense Service Medals and that these awards are shown on his DD Form 214, dated 22 December 1967.  There is no objection to showing the National Defense Service Medal (Oak Leaf Cluster) on the applicant’s last DD Form 214, dated 30 June 1971.

6.  With respect to award of the Vietnam Service Medal, the evidence of record shows that the applicant served in the Republic of Vietnam from 20 November 1964 to 13 May 1965.  The Vietnam Service Medal was 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; therefore, the applicant did not serve a qualifying period of award of the Vietnam Service Medal.

7.  With respect to award of the Republic of Vietnam Campaign Medal, the applicant's records show that he completed 5 months and 23 days of service in the Republic of Vietnam, one week shy of the minimum 6 months required to qualify for this award.  Furthermore, there is no record that he was wounded or captured during his service in the Republic of Vietnam.  Therefore, he did not serve a qualifying period for award of the Republic of Vietnam Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 award of the National Defense Service Medal (Oak Leaf Cluster), the Korean Service Medal, the United Nations Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation, on the applicant's DD Form 214, dated 30 June 1971. 

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 award of the Vietnam Service Medal and/or the Republic of Vietnam Campaign Medal. 



							XXX
       _    _______   ___
       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)                                         AR20080000957



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080000957



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1