BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018692 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1980 to show the Korea Defense Service Medal (KDSM), Special Forces Tab, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Service Medal (MSM).

2.  The applicant states:

* he should have been awarded the KDSM and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* he was awarded the Special Forces Tab and MSM

3.  The applicant provides:

* excerpt on the KDSM and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* DA Form 2-1 (Personnel Qualification Record)
* orders for the Special Forces Tab and MSM
* statement of service and time lost
* DA Form 2339 (Application for Voluntary Retirement)
* DD Forms 214 for the periods ending 6 September 1960, 16 October 1966, 31 August 1972, 16 August 1978, and 31 January 1980
  


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.  Having prior active and inactive service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 17 October 1960.  He remained on active duty through continuous reenlistments.  He was assigned to Company C, 5th Special Forces Group (Airborne), 1st Special Forces in Vietnam from 
28 November 1966 to 2 December 1967.  He was assigned to Special Operations Augmentation (Recondo), 5th Special Forces GA, 1st Special Forces in Vietnam from 11 January 1970 to 10 January 1971.  On 31 January 1980, the applicant retired in the rank of master sergeant.  

3.  The applicant's DD Form 214 for the period ending 31 January 1980 shows the National Defense Service Medal, Master Parachutist Badge, Armed Forces Expeditionary Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct Medal (6 Awards), Bronze Star Medal with Third Oak Leaf Cluster, Naval Special Warfare Badge, Scuba Diver Badge, Army Commendation Medal with Third Oak Leaf Cluster, Air Medal (2 Awards), Republic of Vietnam Cross of Gallantry with Palm, Republic of Vietnam Cross of Gallantry with Bronze Star, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Honorary Jump Wings, and Humanitarian Service Medal as authorized awards. 

4.  Records show the applicant participated in five campaigns during his assignments in Vietnam.

5.  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 the 5th Special Forces Group, 1st Special Forces was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
6.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 shows he served in Korea from August 1958 to September 1960.

7.  Headquarters, United States Army John F. Kennedy Center for Military Assistance Permanent Orders 4-1, dated 16 January 1980, show the applicant received the MSM for the period 31 January 1970 to 31 January 1980.

8.  Headquarters, United States Army John F. Kennedy Special Warfare Center and School Permanent Order 10-2, dated 25 January 1990, show the applicant received the Special Forces Tab.

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 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, or meet the following criteria:  (1) be engaged in combat during an armed engagement regardless of the time in the area of eligibility; (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) 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 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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 for the period ending 31 January 1980 should be corrected to show this medal
2.  Orders show the applicant received the Special Forces Tab and the MSM.  Therefore, his DD Form 214 for the period ending 31 January 1980 should be corrected to show these awards.

3.  The applicant’s unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 31 January 1980 should be corrected to show this unit citation.  

4.  The applicant participated in five campaigns during his assignments in Vietnam.  Therefore, he is entitled to one silver service star to be worn 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 adding the KDSM, Special Forces Tab, MSM, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214 for the period ending 31 January 1980. 




      _______ _   _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)                                         AR20090018692





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ABCMR Record of Proceedings (cont)                                         AR20090018692



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