IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080011803
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 the Korea Defense Service Medal (KDSM) be added to his record and separation document (DD Form 214).
2. The applicant states, in effect, the KDSM should be added to his record based on service in Korea in 1968 through 1969.
3. The applicant provides no documentary evidence 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 applicants 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 applicants 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 that he enlisted in the Regular Army and entered active duty on 26 April 1968.
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in Korea from 15 September 1968 through 14 October 1969, and in the Republic of Vietnam (RVN) from 28 November 1969 through 16 November 1970. Item 38 (Record of Assignments) shows that during his tour in Korea, he served with Company C, 2nd Engineer Battalion, 2nd Infantry Division, performing duties in military occupational specialty (MOS) 12A (Pioneer) and 64B (Heavy Truck Driver). It also shows that during his RVN tour, he as assigned to Company A and Company D, 35th Engineer Battalion, performing duties in MOS 62M (Loader Operator). Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM); Armed Forces Expeditionary Medal (AFEM); Vietnam Service Medal (VSM); RVN Campaign Medal with 60 Device; Army Good Conduct Medal (AGCM); Army Commendation Medal (ARCOM), 1st Oak Leaf Cluster (2nd Award); RVN Civil Actions Honor Medal First Class Unit Citation; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
4. On 16 November 1970, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 6 months, and 21 days of active military service. The separation document (DD Form 214) he was issued at the time shows he earned the following awards: NDSM; ARCOM, 1st Oak Leaf Cluster; VSM; RVN Campaign Medal with 1960 Device; and RVN Civil Actions Honor Medal First Class Unit Citation.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. 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 campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participating credit was granted for the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns. Paragraph 2-20 contains guidance on award of the KDSM. It states, in pertinent part, that it is authorized for 30 consecutive or
60 nonconsecutive days of service in Korea performed between 28 July 1954, and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the KDSM should be added to his record and separation document was carefully considered and found to have merit. By regulation, the KDSM is authorized for service of 30 consecutive or 60
non-consecutive days of service in Korea completed between 28 July 1954, and a date to be determined.
2. The evidence of record confirms the applicant served in Korea from
15 September 1968 through 14 October 1969, and as result he is entitled to the KDSM, which should be added to his record and separation document at this time.
3. The evidence of record also confirms that the applicant earned the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, which were not included in the list of awards contained on his DD Form 214. It further shows that based on his RVN campaign participation, he is entitled to 3 bronze service stars to be worn with his VSM. Therefore, it would also be appropriate to add these awards to his separation document 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 showing his entitlement to the Korea Defense Service Medal; 3 bronze service stars to be worn with his Vietnam Service Medal; the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and providing him a correction to his separation document that includes these awards.
_______ 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.
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