IN THE CASE OF:	  

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090010424 


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, through his Representative in Congress, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations that he was awarded or is authorized.

2.  The applicant states, in effect, that his DD Form 214 has not been updated and his medals from Vietnam are not reflected therein.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
10 February 1969 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 records show that he had prior enlisted service in the Army National Guard from 24 May 1958 through 22 November 1958.

3.  On 21 April 1960, the applicant enlisted in the Regular Army (RA) in Shreveport, LA, for 3 years, in the rank/grade of private (PV2)/E-2.  He successfully completed his training and he was awarded military occupational specialty (MOS) 764.10 (supply specialist).  The applicant was transferred to France on 16 March 1961 and on 7 September 1961, he was transferred to Germany.

4.  On 18 February 1963, the applicant was honorably discharged under the provisions of Army Regulation 635-205 (Personnel Separations - Discharge and Release - Convenience of the Government), for the convenience of the government.  The DD Form 214 that was furnished at the time of his discharge shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant immediately reenlisted in the RA for 6 years on 19 February 1963.  He retrained and was awarded MOS 67N (UH1 helicopter mechanic).  He returned from Germany to CONUS (Continental United States) on 28 March 1963.  His records further show that he was transferred to Korea on 19 May 1965 and he returned to CONUS on 11 May 1966, he transferred to Germany on        10 June 1967 and returned to CONUS on 12 February 1968, and he transferred to Vietnam on 4 March 1968 until his expiration of term of service (ETS) on 10 February 1969.

6.  While in Vietnam, the applicant was assigned to the 484th Transportation Detachment from 9 April 1968 to 31 January 1969 and the 282nd Attack Helicopter Company from 1 February 1969 to 9 February 1969.

7.  The applicant returned to CONUS and he was honorably discharged on 10 February 1969 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, as an overseas returnee.  The
DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Senior Aircraft Crewman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars.

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


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) provides, 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.  The Soldiers 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:

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;

b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate 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 one 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.



11.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service 
stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following four campaigns:  Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 for the period ending 10 February 1969 should be corrected to show all of the awards to which he is entitled.

2.  His contention has been noted and his records do show that he is authorized additional awards that are not currently reflected on his DD Form 214.

3.  The applicant was assigned to a unit in Vietnam during a qualifying period for entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

4.  The applicant was assigned to and served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  The applicant served in Vietnam and participated in four campaign phases.  Therefore, his records should be corrected to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

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:

   a.  deleting from item 24 of his DD Form 214 for the period ending
10 February 1969 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 for the period ending 10 February 1969 the Vietnam Service Medal with four bronze service stars, Korea Defense Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20090010424



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ABCMR Record of Proceedings (cont)                                         AR20090010424



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