IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018007 


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) for the period ending on 7 July 1972 to show his service in Vietnam and all appropriate awards associated with this service.

2.  The applicant states that he served in Vietnam from June 1969 to June 1970, but there is no indication of this service on his DD Form 214 or any awards associated with this service.

3.  The applicant provides copies of his DD Forms 214 for the periods ending
27 June 1968 and 7 July 1972; a copy of General Orders Number 2770, issued by Headquarters, 4th Infantry Division, dated 6 May 1970, awarding him the Bronze Star Medal; and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States on 15 June 1966.  He completed the required training and he was awarded military occupational specialty (MOS) 36C (Lineman).  His record also shows he served in Korea with the Eighth U.S. Army (EUSA), for a period of
1 year, 7 months, and 9 days.  He was assigned to Company B, 51st Signal Battalion (Corps).

3.  During his service in Korea, he was honorably discharged on 27 June 1968 for the purpose of immediate enlistment in the Regular Army (RA).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending
27 June 1968 shows he was awarded the National Defense Service Medal.

4.  He enlisted in the RA for a period of 4 years on 28 June 1968 at Camp Pililaau, Korea.

5.  His record is void of any official orders transferring him in or out of Vietnam.  However, his record contains official orders issued by Headquarters, 4th Infantry Division, as follows:

	a.  General Orders Number 2770 awarding him the Bronze Star Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam with Headquarters and Headquarters Detachment (HHD), 124th Signal Battalion, from June 1969 to June 1970.  This order further indicates he was assigned to Company C at the time he was awarded the Bronze Star Medal while serving with HHD, 124th Signal Battalion.

	b.  General Orders Number 3057, dated 28 May 1970, awarding him the Army Good Conduct Medal (1st Award), while assigned to Company C, 124th Signal Battalion, for exemplary behavior, efficiency, and fidelity from 15 June 1966 through 14 June 1969.

6.  His DA Form 20 shows the following entries:

	a.  Item 31 (Foreign Service) shows he served in Korea from on or about 3 October 1971 to on or about 6 July 1972.

	b.  Item 38 (Record of Assignment) shows he departed his continental United States unit (Fort Riley, KS), on 20 August 1971 en route to Korea.  He was assigned to the 258th Signal Company, Korea, U.S. Army Pacific Command (USARPAC), on 8 October 1971 and departed Korea on or about 6 July 1972.

7.  He was honorably released from active duty as an overseas returnee on 7 July 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

8.  His DD Form 214 for the period ending on 7 July 1972 shows the following entries:

	a.  Item 22c (Foreign and/or Sea Service) shows the entry "USARPAC, 
 0  9  4" indicating his most recent overseas service during the period covered by this DD Form 214 was within the USARPAC theater for 9 months and 4 days.

	b.  Item 24 shows the Armed Forces Expeditionary Medal, Good Conduct Medal, and the Bronze Star Medal.

	c.  Item 30 (Remarks) shows the entry "RVN - blank -; INDO-CHINA - No; KOREA - YES" indicating he served in Korea but not in Indo-China (which includes Vietnam) and no service was recorded for Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides 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 from 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 60 nonconsecutive days.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document 
is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states that item 22c will show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was 
performed, e.g. USAREUR, USARPAC, etc.  Furthermore, item 30 will be used to complete entries too long for their respective blocks.  For enlisted personnel, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Sample entries are as follows:

   a.  To show service in Vietnam only, "Vietnam - 25 Apr 70 thru 28 May 71, Indochina - no, Korea - no";

   b.  To show service in Indochina (other than Vietnam) only, "Indochina - yes, Vietnam - no, Korea - no"; and

   c.  To show service in Korea only, (Vietnam - no, Indochina - no, Korea - yes."

11..Army Regulation 635-5 further states that for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Vietnam and any awards associated with this service.

2.  The evidence of record shows he served in Korea for a period of 1 year, 7 months, and 9 days during his induction service (1966-1968) and a period of 9 months and 4 days during his enlistment service (1968-1972).  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

3.  With respect to his service in Vietnam, the exact dates of his service in Vietnam are not available to the Board and therefore the total amount of foreign service he performed in Vietnam cannot be determined.  Although he was awarded the Bronze Star Medal (a war-time award) for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam with Headquarters and Headquarters Detachment, 124th Signal Battalion, from June 1969 to June 1970, it is unclear if he was physically in Vietnam or supported the war effort while serving in Korea, Thailand, or another USARPAC location.

4.  In order to make the correction he seeks and establish his entitlements to any Vietnam-specific awards, exact dates must be established - the date of his arrival for service in Vietnam and the date of his departure from Vietnam en route to his 
next destination.  In the absence of permanent change of station orders, reassignment order, transfer order, or other documentary evidence, there is insufficient evidence to show his service in Vietnam or to establish his entitlement to Vietnam-specific awards.

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 to item 24 of his DD Form 214 for the period ending 7 July 1972 the Korea Defense Service Medal and the National Defense 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 his service in Vietnam or Vietnam-specific awards.



      ___________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)                                         AR20090018007



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ABCMR Record of Proceedings (cont)                                         AR20090018007



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