BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090011799 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards he is eligible for based on his service in the Republic of Korea (ROK) and the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that other than an entry contained in item 22c (Foreign Service) of his DD Form 214, nothing reflects his service in the ROK.  He further states he believes that certain medals earned while in the RVN are missing from his DD Form 214.

3.  The applicant provides his DD Form 214 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 record shows he enlisted in the Regular Army (RA) on
12 August 1966.  His record shows he was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 3 January 1967.  He was subsequently reclassified and awarded MOS 12A (Combat Engineer) on 1 April 1969.  His record further shows he attained the rank of specialist four (SP4)/E-4 on 7 May 1967, and that this is the highest rank/grade he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed a tour in the ROK from 3 January 1967 through 30 December 1967, assigned to Company B, 2nd Battalion, 31st Infantry Regiment, 7th Infantry Division, performing duties in MOS 11B as a light weapons infantryman.  It also shows that he served in the RVN from 12 January 1969 through 4 August 1969, assigned to Company A, 86th Engineer Battalion, performing duties in MOS 12A as a pioneer.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Armed Forces Expeditionary Medal (Korea), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 5 August 1969, the applicant was honorably released from active duty (REFRAD), in the rank/grade of private first class (PFC)/E-3, after completing a total of 2 years, 11 months, and 24 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, VSM, and the RVNCM.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive, Phase VI (2 November 1968 – 
22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) campaigns.

6.  Paragraph 2-12 of the awards regulation contains guidance on award of the AFEM and states, in pertinent part, that it is authorized for service in Korea during the period October 1966 to 30 June 1974.  Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM).  It states, in 

pertinent part, that it is authorized to members who served in Korea from 28 July 1954 to a date to be determined.

7.  Department of the Army Pamphlet 672-1 (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.  It shows that during the applicant’s tenure of assignment in the RVN, his unit (86th Engineer Battalion), was awarded the RVN Civil Actions Honor Medal First Class Unit Citation during the period 
22 October 1967 – 15 August 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.

8.  Paragraph 6d of this pamphlet states that DAGO Number 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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time stated to 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 oversea theater (emphasis added) in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  [USAREUR indicates U.S. Army Europe]

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be amended to add all of his awards he is eligible for based on his service in the ROK and RVN was carefully considered and found to have merit.  The applicant's record confirms that based on his service in Korea, he is eligible for the AFEM-Korea and the KDSM.  It also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars 
with his VSM.  His record also shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, which was not shown on his DD Form 214.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

2.  The applicant's statement that his DD Form 214 does not reflect his service in Korea other than the entry contained in item 22c (Foreign Service) was noted.  The regulation in effect at the time provided for the last overseas theater to be annotated in item 22c.  Therefore, it would be appropriate at this time to add the entry (USARPAC-RVN) to item 22c.

3.  The applicant is advised that the addition of the AFEM-Korea and the KDSM to his list of awards on his DD Form 214 will, in effect, validate his service in the ROK.

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.  adding to item 22c the entry "Foreign and/or Sea Service (USARPAC-RVN)";
   
   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   c.  adding to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal-Korea, Korea Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar"; and


   d.  providing him a correction to his DD Form 214 that includes these awards.

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 adding an entry to his DD Form 214 that specifically delineates his service in the Republic of 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)                                         AR20090011799



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ABCMR Record of Proceedings (cont)                                         AR20090011799



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