IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090008506 


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 (Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM).  He also requests, in effect, that a duty assignment in Korea be shown on his DD Form 214.

2.  The applicant states, in effect, that he served in Korea in 1968/1969 and it should be noted on his DD Form 214. 

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 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 enlisted in the Regular Army on 20 February 1967 for a period of 3 years.  He served as a nuclear weapons electronics specialist in Korea from 
9 January 1968 through 8 August 1968.  He arrived in Vietnam on 25 January 1969.  He was assigned to Headquarters and Headquarters Company (HHC), 3rd Ordnance Battalion in Vietnam from 7 February 1969 through 23 April 1969.  He was assigned to the 54th Ordnance Company in Vietnam from 24 April 1969 through 22 January 1970.  On 14 January 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year, 6 months, and 28 days of foreign service.

4.  Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 9 January 1968 through 
8 August 1968.

5.  Headquarters, U.S. Army Support Command, Saigon General Orders Number 1718, dated 31 December 1969, show the applicant received the first award of the Good Conduct Medal.

6.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows HHC, 3rd Ordnance Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970 based on Department of the Army General Orders Number 50, dated 1971; and the 54th Ordnance Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1971 based on Department of the Army General Orders Number 50, dated 1971.

8.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

9.  Army Regulation 600-8-22 (Military Awards) states that the KDSM 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 and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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, or meet the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30 or 60-day requirement and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

10.  Army Regulation 600-8-22, 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.

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It stated, in effect, that for item 22c, enter total active duty outside continental limits of United States for the period covered by the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting the applicant’s request to show his duty assignment in Korea on his DD Form 214.  His service in Korea is properly reflected in item 22c of his DD Form 214.

2.  The applicant served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show the KDSM.

3.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

5.  The applicant's units (HHC, 3rd Ordnance Battalion and 54th Ordnance Company) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 KDSM, the Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 









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 amending is DD Form 214 to show a duty assignment in Korea.  




      _______ _   _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)                                         AR20090008506



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ABCMR Record of Proceedings (cont)                                         AR20090008506



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