IN THE CASE OF:	  

		BOARD DATE:	  15 October 2008

		DOCKET NUMBER:  AR20080010557 


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 all awards, decorations and meritorious commendations to which he is entitled, be awarded to him.

2.  The applicant states, in effect, that during the period that he was assigned to the 513th Engineer Detachment, while serving in Vietnam, the unit was awarded the Meritorious Unit Commendation.   He therefore requests to be awarded this award.

3.  The applicant provides, a partial copy of his DA Form 20 (Enlisted Qualification Record); and a copy of a document titled, “Lineage and Honors Information,” for the 513th Engineer Detachment, with an “as of” date of 3 August 2007, in support of his request.   

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 an enlisted Soldier in the Louisiana Army National Guard (LAARNG) from 14 February 1950 until 29 May 1952.  He enlisted in the Regular Army on 1 August 1952.   The applicant remained in service through several reenlistments until he was separated for the purpose of retirement on 31 October 1972.  The applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) in the rank of Sergeant First Class.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 
26 March 1963, shows he was awarded the Good Conduct Medal; and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, dated 7 April 1971, shows he was awarded the Good Conduct Medal (2nd Award), the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 31 October 1972, shows that he was awarded the Good Conduct Medal (3rd Award), and the Army Commendation Medal.  His DD Form 214 does not show any additional awards.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20, (Enlisted Qualification Record), dated 31 May 1972, shows that the applicant was awarded the following awards:  the National Defense Service Medal with one oak leaf cluster; the Korean Service Medal; the United Nations Service Medal with
2 bronze service stars; (however, the DA Form 20 should reflect the “Korean Service Medal with 2 bronze service stars” rather than showing the “United Nations Service Medal with 2 bronze service stars”); the National Defense Service Medal with one oak leaf cluster; the Good Conduct Medal (3rd Award); the Vietnam Service Medal; 5 Overseas Service Bars; the Republic of Vietnam Campaign Medal with Device (1960); the Bronze Star Medal; the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and the Armed Forces Expeditionary Medal.


7.  Item 31 (Foreign Service), of the applicant’s DA Form 20, shows he was assigned to USARPAC (US Army, Pacific)-Korea from December 1952 through May 1954; USAREUR (US Army Europe)-France from June 1956 through May 1959; USARPAC-Thailand from 15 August 1960 through 23 March 1963 and from
5 August 1965 through 4 July 1966; USAREUR-Germany from 18 March 1968 through 11 November 1969; and USARPAC-Vietnam from 10 January 1970 through 
23 December 1970 and from 21 February 1972 through 8 May 1972.  

8.  The applicant served with the 513th Engineer Detachment from 10 January
1970 through 23 December 1970.

9.  The 513th Engineer Company was awarded the Meritorious Unit Commendation; however, the applicant was not assigned to the unit during the period for which the award was made to the unit.  

10.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 through 30 April 1971, by Department of the Army General Order (DAGO) Number 6, dated 1974.  The applicant was assigned to the unit during this period.  This unit award is not shown on the applicant’s DD Form 214.   

11.  DA Pamphlet 672-3 also shows that the applicant’s unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant’s DD Form 214.   

12.  While serving in Vietnam (on two separate assignments) the applicant participated in five campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 
28 January 1973.

13.  Item 39 (Campaigns), of the applicant’s DA Form 20, shows that while he was assigned in Korea, he participated in two campaigns, the 3d Korean Winter and the Korean Summer-Fall 1953.



14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

15.   AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Korean Service Medal and on the Vietnam Service Medal, as applicable.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

16.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953.  The service prescribed must have been performed as follows:

   (1)  while on permanent assignment;

   (2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s 31 October 1972 DD Form 214 does not contain all awards and decorations he was awarded and authorized in accordance with the applicable Army regulation.  He is also entitled to additional awards not previously added to his records.

2.  The evidence shows that the applicant was awarded the United Nations Service Medal; however his DA Form 20 incorrectly identified it as the United Nations Service Medal “with 2 bronze stars.”  Therefore, the United Nations Service Medal should be added to his 31 October 1972 DD Form 214.
3.  The evidence shows that the applicant was awarded the Korean Service Medal; however it should have been identified as the “Korean Service Medal with two bronze service stars.”  Therefore, the Korean Service Medal with two bronze service stars should be added to his 31 October 1972 DD Form 214.

4.  The applicant participated in the Vietnam War.  His 7 April 1971 DD Form 214 shows he was awarded the Vietnam Service Medal; however, it should have correctly shown that he was entitled to the Vietnam Service Medal with one silver service star to denote participated in five campaigns while serving in Vietnam.  Therefore, the Vietnam Service Medal with one silver server star should be added to his 31 October 1972 DD Form 214.

5.  The evidence shows that the applicant was awarded the National Defense Service Medal with one oak leaf cluster; the Bronze Star Medal; the Republic of Vietnam Campaign Medal; the Armed Forces Expeditionary Medal; and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  These awards should be added to his 31 October 1972 DD Form 214.

6.  The applicant also participated in the Korean War during the qualifying period for award of the Republic of Korea War Service Medal.  Therefore he is entitled to award of the Republic of Korea War Service Medal and to have this award added to his 31 October 1972 DD Form 214.

7.  The applicant served in a unit which was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have these unit awards added to his 31 October 1972 DD Form 214.

8.  The applicant served with the 513th Engineer Detachment from 10 January
1970 through 23 December 1970.  Although this unit was awarded the Meritorious Unit Commendation the applicant was not assigned to the unit during the period for which the award was made to the unit.  Therefore, he is not entitled to this award and to have it added to his DD Form 214.

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:

	a.  awarding the applicant the Republic of Korea War Service Medal; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and adding these awards to the applicant’s 31 October 1972 DD Form 214;

	b.  awarding the applicant one silver service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in five campaigns while he served in Vietnam and adding this award to his 31 October 1972 
DD Form 214;

	c.  adding the already-awarded National Defense Service Medal with one oak leaf cluster; the Korean Service Medal with two bronze service stars; the United Nations Service Medal; the Bronze Star Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge with Carbine Bar; and the Armed Forces Expeditionary Medal to the applicant’s
31 October 1972 DD Form 214, which already shows the Army Commendation Medal and the Good Conduct Medal (third award).

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 Meritorious Unit Commendation.



      ____________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)                                         AR20080010557



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ABCMR Record of Proceedings (cont)                                         AR20080010557



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