IN THE CASE OF:	  

		BOARD DATE: 	        23 June 2009

		DOCKET NUMBER:  AR20090001463


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1971 be corrected to show in Item 18 (Prior Regular Enlistments) the entry "Six (6)" instead of "Five (5)"; in Item 22c (Foreign and/or Sea Service), the entry "Korea"; in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) all of the awards he earned during his military career; in Item 25 (Education and Training Completed), the entry "Recondo Instructor Training"; and in Item 30 (Remarks), the entry "Korea service from October 1952 to November 1953."

2.  The applicant states awards were left off of his DD Form 214 by accident or on purpose by disgruntled, anti-war draftee clerks.  He adds he needs these corrections because he is requesting interment in a Department of Veterans Affairs (VA) cemetery and as a historical record for his grandchildren.

3.  The applicant provides:

	a.  a 7 December 2008 self-authored, handwritten letter;

	b.  a 19 November 2008 letter from the National Personnel Records Center (NPRC);

	c.  a copy of Letter Orders Number S7-737, published by Department of the Army, Office of The Adjutant General, Washington, DC, dated 19 July 1971, directing his retirement, effective 31 July 1971;
	d.  a marked-up copy of his DD Form 214 for the period ending 31 July 1971 pertaining to the applicant's requested corrections;

	e.  a copy of a DA Form 1577 (Authorization for Issuance of Awards); 

	f.  a copy of a U.S. Navy Personnel (NAVPERS) Form 1650/65 (Transmittal of and/or Entitlement to Awards) showing his entitlement to the U.S. Marine Corps Good Conduct Medal, Korean Service Medal with 4 bronze service stars, National Defense Service Medal, Navy Unit Commendation Ribbon, United Nations Service Medal, Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal;

	g.  copies of orders awarding the applicant the Combat Infantryman Badge, Bronze Star Medal (first and second oak leaf clusters), Army Commendation Medal with “V” Device and first, second, and third oak leaf clusters, Vietnam Gallantry Cross with Silver Star, and Senior Parachutist Badge; 

	h.  copies of foreign orders/documents awarding the Republic of China Parachutist Badge and the Republic of Korea Basic Parachutist Wings;

	i.  a copy of a memorandum, Department of the Army, Military Assistance Command, Vietnam (MACV) Recondo School, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 15 November 1968, naming him as an instructor in the MACV Recondo School; and

	j.  copies of two U.S. Marine Corps DD Forms 214 and four previous Army DD Forms 214.

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.  With prior service in the U.S. Marine Corps during which time he served in Korea from 22 October 1952 to 19 November 1953, the applicant enlisted in the Regular Army (RA) on 22 October 1957.  Trained as a combat infantryman, he 
volunteered for the Special Forces.  He last returned from Vietnam in March 1971 and was assigned to Fort Devens, MA.  On 31 July 1971, he was honorably released from active duty by reason of retirement and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) on 1 August 1971.

3.  The applicant's DD Form 214, for the period 13 August 1970 through 31 July 1971, shows in item 18 that he had five prior Regular enlistments.  It shows in item 22c that he served 12 years and 6 months of overseas service with the last overseas theater "Vietnam."

4.  The applicant DD Form 214, dated 31 July 1971, shows the following awards, decorations, and badges – the abbreviations are shown as recorded on the form, followed by the actual award name, if known:

	a.  Vn Prcht Bdg	(Vietnamese Parachutist Badge);

	b.  VSM w/8 Str (Vietnam Service Medal with 1 silver service star and 3 bronze service stars);

	c.  VCAM 1st Cla (Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation);

	d.  Air Medal w/”V” Dev (Air Medal with “V” Device);

	e.  Cross of Gal w/Palm (Silver Star) (Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Silver Star);

	f.  6 O/S Bars (6 Overseas Service Bars);

	g.  GCMDL (4th Awd) (Good Conduct Medal - 4th Award);

	h.  ARCOM w/”V” Dev & OLC (Army Commendation Medal with “V” Device and oak leaf cluster);

	i.  VSM (Vietnam Service Medal);

	j.  VCM w/60 Dev (Republic of Vietnam Campaign Medal with Device (1960));

	k.  CIB (Combat Infantryman Badge);
	l.  MUC (5th SFG) (Meritorious Unit Commendation – 5th Special Forces Group);

	m.  Sr Prcht Bdge (Senior Parachutist Badge);

   n.  Korean Service Medal w/3 stars (Korean Service Medal with 3 bronze service stars);

	o.  UNSM (United Nations Service Medal);

	p.  GCMDL (USMC) (Good Conduct Medal – U.S. Marine Corps);

	q.  NDSM w/OLC (National Defense Service Medal with oak leaf cluster);

	r.  ROK PUC (Republic of Korea Presidential Unit Citation); and

	s.  NVC [sic] w/Str (Navy Unit Commendation with bronze service star).

5.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s records show three awards of the Bronze Star Medal, as follows:

	a.  Bronze Star Medal with “V” Device awarded by General Orders Number 1885, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 10 September 1970;

	b.  Bronze Star Medal (1st oak leaf cluster) awarded by General Orders Number 2488, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 29 January 1970; and

	c.  Bronze Star Medal (2nd oak leaf cluster) awarded by General Orders Number 108, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 26 January 1971.

7.  The applicant’s records show four awards of the Army Commendation Medal, as follows:

	a.  Army Commendation Medal awarded by General Orders Number 1805, Headquarters, U.S. Army, Vietnam (USARV), dated 23 March 1966;

	b.  Army Commendation Medal (1st oak leaf cluster) awarded by General Orders Number 94, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 4 March 1970;

	c.  Army Commendation Medal with “V” Device (2nd oak leaf cluster) awarded by General Orders Number 1404, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 14 July 1970;

	d.  Army Commendation Medal (3rd oak leaf cluster) awarded by General Orders Number 2361, Headquarters, 5th Special Forces Group, 1st Special Forces, Vietnam, dated 4 December 1970;

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

9.  The applicant provided a copy of a 15 November 1968 MACV memorandum showing he had been an instructor in the MACV Recondo School.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  Concerning foreign awards and badges, it states:

	a.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance, but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of the  host country, then the badge may only be accepted and worn by U.S. Army enlisted personnel.

	b.  Commanders serving in the rank of brigadier general or higher, and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.

11.  Army Regulation 600-8-22 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 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

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

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that for:

   a.  Item 18, enter the number of prior Regular Army enlistments (emphasis added) the individual has completed; 
   
   b.  Item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR [U.S. Army, Europe]";

	c.  Item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities therein;

	d.  Item 25, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.  Include title, length in weeks, and year completed; and

	e.  Item 30, will be used to complete entries too long for their respective blocks.  For enlisted personnel, indicate Indochina and Korea service on or after 5 August 1964 (emphasis added) by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Sample entries are as follows:

		(1)  to show service in Vietnam only, "Vietnam – 25 Apr 70 thru 28 May 71, Indochina – no, Korea – no";

		(2)  to show service in Indochina (other than Vietnam) only, "Indochina – yes, Vietnam – no, Korea – no"; and

		(3)  to show service in Korea only, (Vietnam – no, Indochina – no, Korea – yes."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 for the period ending 31 July 1971 be corrected in Item 18 to show the entry "Six (6)" instead of "Five (5)"; in Item 22c to show the entry "Korea"; in Item 24 to show all of the awards he earned during his military career; in Item 25 to show the entry "Recondo Instructor Training"; and in Item 30 to show the entry "Korea service from October 1952 to November 1953."

2.  Item 18 of the applicant's DD Form 214 for the period ending 31 July 1971 shows the entry "Five (5)" which represents he had five prior regular enlistments.  The applicant annotated "DD 214 #6" in the upper right corner of this DD Form 214, in effect affirming that he had five prior enlistments.  The current entry is correctly annotated; therefore, there is no basis for correction of this issue.

3.  Item 22c of the applicant's DD Form 214 for the period ending 31 July 1971 indicates "Vietnam  12  6  0" which equates to 12 years and 6 months of overseas service, with Vietnam being his last overseas area in which foreign service was performed.  The applicant requests "Korea" be added to this item; however, his service in Korea was performed between 1952 and 1953, which was not his last overseas area.  Therefore, there is no basis for correcting this item to include Korea.  However, the applicable regulation requires the annotation of the last overseas theater (not country) in which service was performed.  Based on the evidence of record, the applicant's last overseas theater was USARV.  Therefore, the current entry of "Vietnam" should be corrected to reflect "USARV."

4.  Item 24 of the applicant's DD Form 214 for the period ending 31 July 1971 omits various awards and badges earned or incorrectly lists certain awards and badges.

   a.  The applicant’s DD Form 214 does not show award of the Bronze Star Medal.  His records show he was awarded one Bronze Star Medal for valor and two for meritorious service.  Therefore, his DD Form 214 should be corrected to reflect the Bronze Star Medal with “V” Device (2nd oak leaf cluster).

   b.  The applicant’s DD Form 214 shows award of the Army Commendation Medal with “V” Device and oak leaf cluster.  His records also show award of three Army Commendation Medals for achievement.  Therefore, his DD Form 214 should reflect the Army Commendation Medal with “V” Device (3rd oak leaf cluster).

   c.  The applicant’s records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal).  Therefore, these badges should be added to his DD Form 214.

   d.  The applicant provided documents to show he was awarded the Republic of China Parachutist Badge and the Republic of Korea Basic Parachutist Wings.  However, his records do not contain approval orders for the acceptance, retention, and permanent wear of these foreign badges.  Therefore, they cannot be added to his DD Form 214.

	e.  The applicant served in Korea during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

5.  The applicant provided a memorandum showing he had served as an instructor in the MACV Recondo School.  Unfortunately, the memorandum does not indicate the length of the instructor course or the date of completion, both of which are required entries in Item 25 of the DD Form 214.  Therefore, there is insufficient information to make this correction.

6.  The applicant served in Korea from 22 October 1952 to 19 November 1953; however, there is no provision of regulation to add the specific dates of service in Korea in Item 30 of his DD Form 214 if not performed after 5 August 1964.  Therefore, there is no basis for warranting correction of the applicant's requested relief on this issue.

7.  Item 30 also correctly lists all of the applicant's periods of service in Vietnam; however, the entry is incomplete as required by the regulation in effect at the time.  Therefore, his records should be corrected to show the entry "Vietnam – [reenter all dates of service in Vietnam], Indochina – no, Korea – no."

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.  deleting from Item 22c of the applicant's DD Form 214 for the period
ending 31 July 1971 the entry "Vietnam" and replacing it with the entry "USARV";

	b.  deleting from Item 24 of the applicant's DD form 214 for the period ending 31 July 1971 all entries and replacing it with the entry "Bronze Star Medal with “V” Device (2nd oak leaf cluster), Air Medal with “V” Device, Army Commendation Medal with “V” Device (3rd oak leaf cluster), Army Good Conduct Medal (4th Award), Marine Corps Good Conduct Medal, National Defense Service Medal (1st oak leaf cluster), Korean Service Medal with 3 bronze service stars, United Nations Service Medal, Vietnam Service Medal with 1 silver service star and 3 bronze service stars, Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Korea War Service Medal, Meritorious Unit Commendation, Navy Unit Commendation, Republic of Korea Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Senior Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle 

Bar (M-16), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal), Vietnamese Parachutist Badge, and 6 Overseas Service Bars"; and

	c.  deleting from Item 30 of the applicant's DD Form 214 for the period ending 31 July 1971 the entry "Vietnam Service from 6 Aug 63 – 12 Nov 63; 26 Oct 64 – 1 Jan 65; 18 Sep 65 – 15 Feb 66; 25 Sep 68 – 6 Feb 69; 26 Mar 70 – 2 Mar 71" and replacing it with the entry "Vietnam - 6 Aug 63 – 12 Nov 63; 26 Oct 64 – 
1 Jan 65; 18 Sep 65 – 15 Feb 66; 25 Sep 68 – 6 Feb 69; 26 Mar 70 – 2 Mar 71; Indochina – no; Korea – no."

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 changing the number of prior regular enlistments in Item 18 from five to six; adding Korea to Item 22C; adding the Republic of China Parachutist Badge and the Republic of Korea Basic Parachutist Wings to Item 24; adding the Recondo School Instructor course to Item 25, and the entry “Korea service from 22 Oct 52 to 19 Nov 53” to the applicant's DD Form 214 for the period ending 31 July 1971.


      ___________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)                                         AR20090001463



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ABCMR Record of Proceedings (cont)                                         AR20090001463



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