IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090004363 


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 his dates of service in Korea and all of his earned awards and decorations be listed on a new DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that he served in Korea from 23 October 1952 to 
17 October 1954 and that this service was not shown on his final DD Form 214 for the period ending 21 August 1973.

3.  The applicant provides a copy of his Service Record and a copy of his DD Form 214 for the period ending 31 August 1973 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 was inducted on 23 October 1952.  His service record shows he served in Korea from 21 April 1953 through 24 April 1954.  On 22 October 1954, he was released from active duty and transferred to the U.S. Army Reserve to completed his remaining service obligation.

3.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 22 October 1954 shows the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, the National Defense Service Medal, and the United Nations Service Medal as authorized awards.  Item 26 (Foreign and/or Sea Service) on this DD Form 214 shows he served 1 year, 1 month, and 6 days of foreign service.  

4.  The applicant enlisted in the Regular Army on 4 January 1955 for a period of 6 years.  He was honorably discharged on 3 January 1961 for immediate reenlistment.

5.  The applicant's DD Form 214 for the period ending 3 January 1961 shows the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the "Missileman (1st Cl) [First Class]" as authorized awards. 

6.  The applicant reenlisted on 4 January 1961 for a period of 6 years.  He arrived in Vietnam on 8 September 1966.  He was honorably discharged on 
3 January 1967 for immediate reenlistment.

7.  The applicant's DD Form 214 for the period ending 3 January 1967 shows the National Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal with 2 bronze loops, the Basic Missile Badge, and the Driver Badge with Bar as authorized awards.  

8.  The applicant reenlisted on 4 January 1967 for a period of 6 years.  He departed Vietnam on 3 March 1968.  He served a second tour in Vietnam from 
2 July 1969 to 1 February 1971.  On 31 August 1973, he retired in the rank of sergeant first class. 

9.  The applicant's DD Form 214 for the period ending 31 August 1973 shows the Republic of Vietnam Civil Actions Honor Medal (1st Class), the Air Medal with First Oak Leaf Cluster, the Bronze Star Medal with Second Oak Leaf Cluster, the Missile Badge, the Good Conduct Medal (4th Award), the Army Commendation Medal with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.  

10.  Records show the applicant participated in seven campaigns during his assignments in Vietnam.

11.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that a DD Form 214 will not be reissued unless directed by proper appellate authority; unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.  

12.  Army Regulation 635-5, in effect at the time of the applicant's retirement, states that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) covers the entire Army service.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

14.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

15.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal 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:

	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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests that his dates of service in Korea and all of his earned awards and decorations be shown on a new DD Form 214, the governing regulation states that a DD Form 214 will not be reissued unless directed by proper appellate authority; unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.  Therefore, there is no basis for granting the applicant’s request for a new DD Form 214.  His dates of service in Korea are properly reflected in item 26 on his 
DD Form 214 for the period ending 22 October 1954.    

2.  Based on the applicant's service in Vietnam and participation in seven campaigns, he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 for the period ending 31 August 1973 should be corrected to show these medals. 

3.  The applicant served a period of qualifying service for two awards of the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 31 August 1973 should be corrected to show the National Defense Service Medal with one bronze service star.

4.  The applicant served a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, his DD Form 214 for the period ending 31 August 1973 should be corrected to show this medal.  

5.  Since the governing regulation in effect at the time of the applicant's retirement stated that item 24 on the DD Form 214 covers the entire Army service, it would be appropriate to correct the applicant's DD Form 214 for the period ending 31 August 1973 to show all of his awards and decorations.  Therefore, item 24 on his DD Form 214 for the period ending 31 August 1973 should be corrected to add the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Basic Missile Badge, and the Driver Badge with Bar.

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 adding the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with one silver service star and two bronze service stars, the National Defense Service Medal with one bronze service star, the Republic of Korea War Service Medal, the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Basic Missile Badge, and the Driver Badge with Bar to his DD Form 214 for the period ending 31 August 1973.

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 issuing him a new DD Form 214.  



      _______ _   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)                                         AR20090004363





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ABCMR Record of Proceedings (cont)                                         AR20090004363



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