IN THE CASE OF:	  

		BOARD DATE:	  12 May 2009

		DOCKET NUMBER:  AR20090000119 


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, award of the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that he served in Korea from 31 August 1959 through 7 October 1960 and as a result is eligible for the award.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) and Korea assignment orders 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 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 that he enlisted in the Regular Army and entered active duty on 5 March 1959, and that he continuously served on active duty through reenlistments until 31 July 1979, when he was honorably released from active duty (REFRAD) for the purpose of retirement in the rank of master sergeant.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) which was prepared on 12 May 1978 and last reviewed by the applicant on 23 June 1979 shows, in item 5 (Overseas Service) that he completed the following overseas tours during the periods indicated:  Korea, 31 August 1959 through 7 October 1960; Germany, 23 June 1961 through 19 May 1964; Alaska (two), 9 July 1964 through 26 December 1965 and 30 September 1975 through 29 June 1977; and Vietnam (two), 1 August 1967 through 4 August 1968 and 6 January 1970 through 28 November 1970.

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he earned the following awards during his active duty tenure:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam (RVN) Campaign Medal, Combat Infantryman Badge, Army Commendation Medal (2nd Award), Bronze Star Medal (2nd Award), Purple Heart, 3 overseas service bars, Army Good Conduct Medal (6th Award), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Item 9 of the applicant's DA Form 2-1 also shows the applicant participated in the following seven RVN campaigns:  Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

6.  The DD Form 214 (Report of Separation from Active Duty) issued to the applicant upon his REFRAD for retirement on 31 July 1979 shows he completed a total of 20 years, 4 months, and 26 days of active military service.  It also shows all the awards as listed on his DA Form 2-1 with the exception of the Sharpshooter Marksmanship Qualification Badge with Rife Bar.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains policy on the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized for wear with this award for each RVN campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars to denote participation in five campaigns.

8.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive,  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

9.  Paragraph 2-20 of Army Regulation 600-8-22 contains guidance on the KDSM.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea between 28 July 1954 and a date to be determined by the Secretary of Defense.

10.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal and states, in pertinent part, that the Device 1960 is authorized with this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the KDSM was carefully considered and found to have merit.  By regulation, the KDSM is authorized for members who complete 30 consecutive or 60 non-consecutive days of service in Korea between 28 July 1954 and a date to be determined by the Secretary of Defense.  The evidence of record confirms the applicant served in Korea from 31 August 1959 through 7 October 1960.  Therefore, it would be appropriate to add the KDSM to his record and DD Form 214 at this time.

2.  The evidence of record also confirms that the applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  Based on service and campaign participation in the RVN, he is authorized one silver service star and two bronze service stars with his Vietnam Service Medal and the Device (1960) with his RVN Campaign Medal.  Therefore, it would also be appropriate to add these awards to his record and 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 DD Form 214 for the period ending 31 July 1979 to show in addition to his other awards the Korea Defense Service Medal, one silver service star and two bronze service stars with his Vietnam Service Medal, the Device (1960) with his RVN Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  



      __________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)                                         AR20090000119



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000119



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1