IN THE CASE OF:	  

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080002384 


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, that his record and separation document (DD Form 214) be corrected to reflect award of the Army Commendation Medal (ARCOM).  

2.  The applicant states, in effect, that he is requesting that his award of the ARCOM be added to his records and that he be issued a DD 215 showing this award.

3.  The applicant provides the following documents in support of his application:  Headquarters, 1st Corps Support Command, Permanent Orders Number 148-1, dated 15 December 1977; Headquarters (HQ), 1st Infantry Division, Special Orders Number 49, dated 27 February 1965; HQ, 3rd Reconnaissance Squadron, Special Orders Number 196, dated 22 October 1965; HQ, 3rd Squadron, Special Orders Number 105, dated 1 June 1967; HQ, 1st Corps Support Command, Orders Number 115-9, dated 14 June 1977; National Personnel Records Center Letter, dated 5 February 2007; and DD Forms 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.  The applicant’s record show he initially enlisted into the United States Army Reserve (USAR) and entered active duty on 14 August 1956.  He continually served until being honorably released from active duty (REFRAD) on 30 June 1958.

3.  On 1 July 1958, the applicant enlisted into the Regular Army for a period of 
6 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 76T (Aircraft Repair Parts Specialist), and the highest rank he attained while serving on active duty was first sergeant (1SG/E-8).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows in Item 5 (Oversea Serve) that he served in the Republic of Korea (ROK) during the period 6 July 1961 through 30 August 1962.  It also shows he served two tours in the Republic of Vietnam (RVN) from the period 31 December 1969 through 
9 September 1970, and from 9 October 1972 through 28 March 1973.  

5.  Item 9 (Awards, Decorations, and Campaigns) show he earned the following awards during his tenure on active duty:  National Defense Medal; Army Good Conduct Medal (3rd Award); Bronze Star Medal with 1st Oak Leaf Cluster; Vietnam Service Medal; RVN Campaign Medal; Meritorious Unit Commendation; Vietnam Gallantry Cross with Palm Unit Citation; and Overseas Bar (9). 

6.  The applicant's Military Personnel Record Jacket (MPRJ) contains a DD Form 214 dated 30 June 1958.  This document shows the applicant was awarded the Driver and Mechanic Bade with Driver "W" Bar.

7.  The applicant's MPRJ contains Headquarters, 1st Corps Support Command, Permanent Orders 148-1, dated 15 December 1977.  This document awarded the applicant the ARCOM for his meritorious service during the period 30 June 1974 through 30 April 1977.

8.  Headquarters, 1st Infantry Division, Special Orders Number 49, dated 
27 February 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  

9.  Headquarters, 3rd Reconnaissance Squadron, Special Orders Number 196, dated 22 October 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  

10.  Headquarters, 3rd Squadron, Special Orders Number 101, dated 27 May 1967, awarded the applicant the Marksman Marksmanship Badge with Pistol Bar.

11.  Headquarters 3rd Squadron, Special Orders Number 105, dated 1 June 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Sub-Machine Bar,

12.  On 31 July 1977, the applicant was honorably released from active duty for the purpose of retirement.  The DD Form 214 he was issued at the time confirms he completed a total of 20 years, 7 months, and 16 days of active military service.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:  National Defense Service Medal; Army Good Conduct Medal (3rd Award); Vietnam Service Medal; Vietnam Campaign Medal; Bronze Star Medal with First Oak Leaf Cluster; Meritorious Unit Commendation; and Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  Table B-1 contains a list of RVN campaigns and it shows that during the applicant's tenure of assignment in the RVN, participating credit was granted for the Vietnam Winter-Spring, Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII and Vietnam Cease-Fire campaigns.  

14.  Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM).  It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days between 28 July 1954 to a date to be determined by the Secretary of Defense. 

15.  Paragraph 9-19 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 
6 months or more during the period 1 March 1961 through 28 March 1973.  


16.  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 instructions for the preparation of the DD Form 214.  The Item 13 instructions indicate that all award and decorations for all periods of service will be entered in priority sequence as specified in the awards regulation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to add his award of the ARCOM was carefully considered and found to have merit.  

2.  The evidence of record contains orders which awarded the applicant the 
ARCOM for his meritorious service during the period 30 June 1974 through 
30 April 1977.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.

3.  The evidence of record also confirms that based on his service in the ROK during the period 6 July 1961 through 30 August 1962, the applicant is entitled to award of the KDSM.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.

4.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is entitled to the RVN Campaign Medal with 1960 Device and the Vietnam Service Medal with 4 bronze service stars.  It further confirms he was awarded the Driver and Mechanic Badge with Driver "W" Bar, Expert Marksmanship Qualification Badge with Rifle (M-14) and Sub-Machine Bar; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and Marksman Marksmanship Qualification Badge with Pistol Bar which were not included in the list of awards contained on his separation document.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.


BOARD VOTE:

___X____  __X_____  ___X____  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 
amending his 31 July 1977 DD Form 214 as follows:

	a.  deleting the current entry in Item 26 and replacing it with the entry "National Defense Service Medal; Bronze Star Medal with First Oak Leaf Cluster; Army Commendation Medal; Army Good Conduct Medal (3rd Award); Vietnam Service Medal with 4 bronze service stars; Vietnam Campaign Medal with 1960 Device; Korea Defense Service Medal; Vietnam Gallantry Cross with Palm Unit Citation; Meritorious Unit Commendation; Driver and Mechanic Badge with Driver "W" Bar; Expert Marksmanship Qualification Badge with Rifle (M-14) and Sub-Machine Bar; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and Marksman Marksmanship Qualification Badge with Pistol Bar”; and

	b.  providing him a correction to his separation document that includes this change.  
      
      
      
       _    ___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)                                         AR20080002384



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ABCMR Record of Proceedings (cont)                                         AR20080002384



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