IN THE CASE OF:	

		BOARD DATE:	9 September 2009    

		DOCKET NUMBER:  AR20090005907 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Armed Forces Expeditionary Medal, the Presidential Unit Citation, and the Meritorious Unit Citation [sic] (Meritorious Unit Commendation).

2.  The applicant states that he was in a temporary duty (TDY) status from Thailand to Korea for a period of 4 months from 25 August 1973 to 6 December 1973 and that while in Korea he was extended twice.  However, his commander in Thailand did not normally authorize award of the Armed Forces Expeditionary Medal for Korea service.  He also states that when he returned from Vietnam in 1972 he was issued several appropriate medals for his Vietnam service, among which were the Presidential Unit Citation and the Meritorious Unit Commendation and was told that his unit of assignment qualified for those medals.

3.  The applicant provides a copy of his DD Form 214, dated 4 October 1977; a copy of a letter of appreciation, dated 12 January 1972; copies of Letter Orders Number  08-09 and Letter Orders Number 08-21, issued by Headquarters, U.S. Army Strategic Command (USASTRATCOM), Thailand, on 8 August 1973 and 21 August 1973; a copy of Letter Orders Number 12-08, issued by Headquarters, U.S. Army Communications Command, Thailand, on 3 December 1973; and copies of DD Forms 1588 (Record of Travel Payments), dated on various dates from 1970 to 1973, 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 records show he enlisted in the Regular Army for a period of 2 years on 10 November 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 26L (Tactical Microwave System Repairer).  He was honorably discharged on 11 August 1971 for the purpose of immediate reenlistment and executed a 6-year reenlistment on 12 August 1971.  He was honorably discharged on 4 October 1977.

3.  The applicant’s records also show he completed several periods of foreign service as follows:

	a.  he served in Germany from on or about 14 September 1970 to on or about 19 September 1971;

	b.  he served in the Republic of Vietnam from on or about 1 November 1971 to on or about 15 May 1972 while assigned to the 110th Transportation Platoon (Watercraft), 97th Transportation Company (Heavy Boat);

	c.  he served in Thailand from on or about 11 June 1973 to on or about 15 December 1973 while assigned to Headquarters and Troop Command, USASTRATCOM; and 

	d.  he served in Germany from on or about 11 October 1974 to on or about 4 October 1977.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 4 October 1977, shows he was awarded the National Defense Service Medal, the Good Conduct Medal with 1st Loop, the Vietnam Service Medal, the Vietnam Campaign Medal, one overseas service bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Armed Forces Expeditionary Medal in addition to those awards listed on his DD Form 214.

6.  The applicant submitted a copy of Letter Orders Number 08-21, issued by Headquarters, USASTRATCOM, Thailand, on 21 August 1973, directing the applicant and other Soldiers to proceed on TDY on or about 25 August 1973 for a period of 90 days (later amended to 98 days) for the purpose of supporting the 38th Air Defense Artillery Brigade Microwave System in Korea.

7.  The applicant also submitted copies of his DD Forms 1588, one of which shows he was in a TDY status from 25 August 1973 to 2 December 1973.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes Korea from 1 October 1966 to 30 June 1974.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 97th Transportation Company was awarded the Meritorious Unit Commendation for its service from 21 September 1965 to 21 June 1966, 1 July 1966 to 28 February 1967, and 6 December 1967 to 30 June 1968.  However, this unit was not awarded the Presidential Unit Citation.

10.  A review of the applicant’s records indicates his entitlement to additional awards which are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Europe and Seventh Army, General Orders Number 4758, dated 25 June 1976, show the applicant was awarded the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 10 November 1972 through 9 November 1975.

12.  Headquarters, U.S. Army Military Personnel Center, Europe, Permanent Orders Number 122-1, dated 31 August 1977, show the applicant was awarded the Army Commendation Medal for meritorious service from 13 October 1974 to 1 October 1977.

13.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's tour of duty in the Republic of Vietnam, campaign participation credit was awarded for the Consolidation I from 1 July 1971 to 30 November 1971, the Consolidation II from 1 December 1971 to 29 March 1972, and the Vietnam Cease-Fire from 30 March 1972 to 28 January 1973.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Army Regulation 600-8-22 states, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days; be engaged in combat during an armed engagement regardless of the time in the area of eligibility; wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Armed Forces Expeditionary Medal, the Presidential Unit Citation, and the Meritorious Unit Commendation.

2.  With respect to the Armed Forces Expeditionary Medal, the evidence of record shows that the applicant served in Korea from 25 August 1973 to 2 December 1973 for the purpose of supporting the 38th Air Defense Artillery Brigade Microwave System.  Additionally, item 41 of his DA Form 20 shows he was awarded the Armed Forces Expeditionary Medal (Korea).  Therefore, there is sufficient evidence to show he is entitled to this award and that his record should be corrected to show it.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service from 13 October 1974 to 1 October 1977 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 10 November 1972 through 9 November 1975 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

7.  With respect to the Presidential Unit Citation and the Meritorious Unit Commendation, there is no indication that at the time of his assignment to the 110th Transportation Platoon (Watercraft), 97th Transportation Company (Heavy Boat), from or about 1 November 1971 to on or about 15 May 1972, this unit was awarded either award.  Additionally, there is no indication that he was assigned to any other unit that was awarded the requested awards.  Therefore, there is insufficient evidence to show the Presidential Unit Citation and the Meritorious Unit Commendation on 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.  deleting the Army Good Conduct Medal with 1st Loop from item 26 of his DD Form 214; and

	b.  adding the Army Good Conduct Medal (2nd Award), the Army Commendation Medal, the Armed Forces Expeditionary Medal (Korea), the Korea Defense Service Medal, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 the Presidential Unit Citation and 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)                                         AR20090005907



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ABCMR Record of Proceedings (cont)                                         AR20090005907



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