IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080008561 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his discharge on 
14 November 1981, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show any additional awards and decorations that he is entitled to. 

2.  The applicant essentially believes that some of his awards and decorations were omitted from his DD Form 214 in error. 

3.  The applicant provides his DD Form 214; a letter, dated 5 May 2008, from the Department of Michigan Office of the American Legion; and a statement, dated 26 August 2008, from the American Legion in support of this 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 military records show that he enlisted in the Regular Army on 14 November 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He departed for the Republic of Vietnam on 30 April 1967, and initially served in MOS 11B with Company A, 30th Infantry, 9th Infantry Division.  He was wounded in action on 15 September 1967.  On 21 January 1968, he was reassigned to Headquarters and Service Battery, 1st Battalion, 84th Artillery, 9th Infantry Division and served in MOS 76P (Stock Control and Accounting Specialist).  He returned to the continental United States on 22 April 1968, and was assigned to Fort Campbell, Kentucky.  He next served a tour in Germany from 30 December 1968 to 11 December 1971, then was reassigned to Fort Ord, California.  He served in Korea from 18 January 1973 to 9 November 1973, then returned to Fort Ord, California.  He served a second tour in Germany from 12 October 1975 to 16 December 1978, then was reassigned to Fort Campbell, Kentucky.  On 
14 November 1981, he was honorably discharged.  His DD Form 214 essentially shows that he was awarded the Purple Heart, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Overseas Service Ribbon (3rd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral "2," the Combat Infantryman Badge, the Air Assault Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant's DD Form 214 does not show that he was awarded the Good Conduct Medal (3rd Award).  However, the applicant was awarded the Good Conduct Medal (3rd Award) for the period November 1975 to November 1978 by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky Permanent Orders Number 054-005, dated 23 February 1979, as amended by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky Permanent Orders Number 119-001, dated 29 April 1979.  The fact that the applicant served over 14 years of continuous enlisted active duty service during his military career was noted, as was the fact that he was not awarded the Good Conduct Medal (4th Award).  However, item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record – Part II) essentially shows that the applicant was not favorably considered for the Good Conduct Medal in November 1975, and that the orders that had originally awarded him the Good Conduct Medal (3rd Award) for the period November 1972 to November 1975 were revoked on 23 February 1979.


4.  The applicant completed initial entry training and was serving in an active Army status on 1 August 1981.  However, his DD Form 214 does not show that he was awarded the Army Service Ribbon.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation of Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Battalion, 84th Artillery Regiment, the battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

6.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant’s tour in Vietnam, he participated in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, the Tet Counteroffensive campaign, and the Vietnam Counteroffensive Phase IV campaign.  

7.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce any award orders for the applicant.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation also states that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korea 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 encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of 
eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

10.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation, or serve in the area of operations, or be engaged in direct support of the operation provided this support involves entering the area of operations, being engaged in combat, participation as a member of an aircraft flying in support of the operation, or being recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for award of the Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22.  This regulation shows that the Armed Forces Expeditionary Medal was authorized for participation in Korea from 1 October 1966 to 30 June 1974.  This regulation further provides that no individual will be eligible for both the Armed Forces 


Expeditionary Medal and a United States campaign medal for a single tour in a designated operation.  It should be noted that the Korea Defense Service Medal is a United States campaign medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show any additional awards and decorations that he is entitled to. 

2.  Fort Campbell, Fort Campbell, Kentucky Permanent Orders Number 119-001, dated 29 April 1979 awarded the applicant the Good Conduct Medal (3rd Award), but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Good Conduct Medal (3rd Award).

3.  The applicant completed initial entry training and had an Active Army status on 1 August 1981, but his DD Form 214 does not show that he was awarded the Army Service Ribbon.  Therefore, he is entitled to award of the Army Service Ribbon, and correction of his military records to show the award of the Army Service Ribbon.

4.  General orders awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 48th Artillery Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show this unit award.

5.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  The fact that the applicant served in Korea from 18 January 1973 to 
9 November 1973 was noted, as was the fact that he was awarded the Armed Forces Expeditionary Medal for his service in Korea.  The applicant is advised that if he wishes to be awarded the Korea Defense Service Medal in lieu of his already awarded Armed Forces Expeditionary Medal, he may reapply to the ABCMR and request that this be accomplished.  However, the applicant is advised that under no circumstances is he entitled to both the Korea Defense Service Medal and the Armed Forces Expeditionary Medal for his service in Korea from 18 January 1973 to 9 November 1973.




BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Good Conduct Medal (3rd Award);

	b.  awarding him the Army Service Ribbon and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  showing four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during the Vietnam War.  




      ___        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)                                         AR20080008561



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ABCMR Record of Proceedings (cont)                                         AR20080008561



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