IN THE CASE OF:	  

		BOARD DATE:	        12 AUGUST 2008

		DOCKET NUMBER:  AR20080009862 


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 that he be awarded the Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Korea Defense Service Medal (KDSM). 

2.  The applicant states that he believes he is entitled to award of the RVNGC w/Palm Unit Citation and the KDSM for his service in Vietnam and Korea. 

3.  The applicant provides a copy of his DD Form 214 dated 7 November 1974. 

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 was born on 30 November 1947 and enlisted in the Maine Army National Guard on 8 January 1965 and on 8 November 1966 he was inducted into the Army of the United States (AUS). 

3.  He completed his training and was transferred to Vietnam on 21 January 1967 for assignment to the 79th Ordnance Detachment as a supply specialist.  He was advanced to the pay grade of E-4 on 28 August 1967.

4.  He departed Vietnam on 21 December 1967 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 7 November 1966 due to the expiration of his term of service (ETS).

5.  He reenlisted the next day on 8 November 1966 for a period of 6 years and a variable reenlistment bonus (VRB).

6.  He was transferred to Germany on 29 December 1968 and served in Germany until 12 October 1970.

7.  He was transferred to Vietnam on 24 November 1970 for assignment to the 557th Heavy Equipment Maintenance Company.  He was promoted to the pay grade of E-5 on 11 February 1971.

8.  He departed Vietnam on 28 November 1971 and was transferred to Fort Ord, California.  He remained at Fort Ord until 13 October 1972, when he was transferred to Fort Lewis, Washington, where he remained until he was honorably discharged on 7 November 1974 due to the expiration of his term of service (ETS).  He had served 8 years, 4 months and 9 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM), and the Good Conduct Medal.

9.  A review of the applicant’s records shows that he participated in four campaigns while serving in Vietnam.  His records also do not show any indication that he ever served in Korea.

10.  On 25 July 1975, he enlisted in the Connecticut Army National Guard (CTARNG) and on 21 October 1987, he was issued his 20-year letter.  He continued to serve in the CTARNG until he was honorably discharged on 31 March 1989 and was transferred to the United States Army Reserve Control Group (Retired).

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM. 

12.  Army Regulation 600-8-22 (Military Awards) states 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 and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles. 

	(2)  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. 

13.  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:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility. 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility.

	(3)  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 KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.    
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the RVNGC w/Palm Unit Citation has been noted and found to have merit.  His unit was subsequently awarded the RVNGC w/Palm Unit Citation and therefore he is entitled to have that award entered on his records.  

2.  The applicant’s contention that he is entitled to be awarded the KDSM has been noted and appears to lack merit.  The applicant’s official records do not contain any indication that the applicant ever served in Korea.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to award him the KDSM.  

3.  However, the evidence of record does show that he is entitled to be awarded the MUC and four bronze service stars for wear on his already awarded VSM.  Accordingly, it would be in the interest of justice to do so at this time.  

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 awarding him the RVNGC w/Palm Unit Citation, the MUC and four bronze service stars for wear on his already awarded VSM and by correcting his records accordingly.  

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 KDSM.  




3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        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)                                         AR20080009862



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ABCMR Record of Proceedings (cont)                                         AR20080009862



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