IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009122 


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) to show award of the Bronze Star Medal and his Korea service. 

2.  The applicant states he served in Korea during the Korean War with the 2nd Amphibious Brigade.  He wants his records corrected to include all of his assignments, awards, and citations during his military service.

3.  The applicant provides a copy of his DD Form 214, dated 31 October 1968, and a certificate, dated 5 November 1968, showing award of the Bronze Star Medal. 

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 he initially entered active duty on 5 March 1946. He served through multiple reenlistments or extensions, in various military occupational specialties, within and outside the continental United States, and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  He was honorably retired on 31 October 1968 and placed on the retired list in his retired rank/grade of SSG/E-6 on 1 November 1968.  He was credited with over 20 years and 4 months of active service.  

4.  His records also show he completed several periods of overseas service as follows:

	a.  He served in Korea from on or about 8 June 1951 to 21 September 1953.  He was assigned to Headquarters and Headquarters Company, 532nd Engineer, Board, and Shore Regiment.

	b.  He served in Germany from on or about 24 January 1958 to 12 July 1961. He was assigned to the 524th Engineer Company.

	c.  He served in Okinawa from on or about 22 October 1962 to 17 June 1966. He was assigned to the 15th Psychological Warfare Detachment 

	d.  He served in Vietnam from on or about 5 December 1967 to 4 October 1968.  He was assigned to the 101st Administration Company.

5.  The applicant's separation documents contain the following information:

	a.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period from 5 March 1946 through 4 September 1946 does not list any awards or decorations. 

	b.  The WD AGO Form 53-55 for the period from 5 September through 18 March 1946 lists the World War II Victory Medal.

	c.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period from 13 January 1948 through 28 January 1952 shows in:

		(1)  Item 26 (Foreign and/or Sea Service), completion of 7 months and 21 days of foreign service during the period covered by this DD Form 214.

		(2)  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal (Japan) and the Korean Service Medal with one bronze service star.

	d.  The DD Form 214 for the period 29 January 1952 through 5 June 1957 shows in:

		(1)  Item 24c (Foreign and/or Sea Service) that he completed 1 year, 7 months, and 22 days of foreign service during the period covered by this 
DD Form 214.

		(2)  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Carbine Bar.

	e.  The DD Form 214 for the period 6 June 1957 through 14 November 1962 shows in:

		(1)  Item 24c he completed 21 days of foreign service in the U.S. Army Ryouku Islands theater during the period covered by this DD Form 214.

		(2)  Item 26, the Good Conduct Medal, Marksman Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

	f.  The DD Form 214 for the period 15 November 1962 through 31 October 1968 shows in: 

		(1)  Item 24c he completed 4 years, 5 months, and 3 days of foreign service in the U.S. Army Pacific Command theater during the period covered by this DD Form 214.

		(2)  Item 26, one overseas service bar, Vietnamese Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal, and a certificate of achievement.  

6.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows the following awards: 

* Korean Service Medal with 3 bronze service stars
* National Defense Service Medal
* World War II Victory Medal 
* Army of Occupation Medal (Japan)
* Marksman Marksmanship Qualification Badge with Carbine Bar

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the following awards and decorations:  

* National Defense Service Medal
* Korean Service Medal 
* United Nations Service Medal 
* Parachutist Badge (Special Orders Number 1, Headquarters 173rd Airborne Brigade, 20 January 1965) 
* Good Conduct Medal (General Orders Number 25, Headquarters, 11th Engineer Group, 6 July 1961)
* Good Conduct Medal (2nd Award) (General Orders 20, U.S. Army Pacific Command, 27 August 1964)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* One overseas service bar

8.  He submitted a copy of a certificate, dated 5 November 1968, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 January to
31 August 1968.

9.  Headquarters, Department of the Army, General Orders Number 53, dated 2 October 1967, awarded his unit of assignment in Okinawa, the 7th Psychological Operations Group, the Meritorious Unit Commendation for exceptionally meritorious conduct.

10.  Headquarters, Department of the Army, General Orders Number 43, dated 1970, awarded the 101st Administration Company the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 through 14 May 1969.

11.  Headquarters, Department of the Army, General Orders Number 48, dated 1971, awarded the 101st Administration Company the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 through 2 May 1970.


12.  Section 4 (Chronological Record of Military Service) of his DA Form 24 and item 38 (Record of Assignments) of his DA Form 20 show he received "excellent" conduct and efficiency ratings from 23 September 1955 through 31 October 1968.  Additionally his records for this period of service contain no derogatory information that would have disqualified him from receiving multiple awards of the Good Conduct Medal.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. 

	b.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 
30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal or the Korean Service Medal for participation in each credited campaign.  

15.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant participated in four campaigns during his service in Vietnam:  Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), TET Counteroffensive (30 January 1968 to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), and Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968).

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time states, in pertinent part, that the remarks section is used for entries authorized by Headquarters, Department of the Army, for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.  Additionally, for Indochina or Korea service since 5 August 1964, this item will show specific dates of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Bronze Star Medal and his Korean service.

2.  The applicant served honorably from 1946 through 1968.  He was issued several separation or discharge documents that listed certain awards and decorations and omitted others.  In the interest of justice and equity, he should have his retirement DD Form 214 corrected as follows:

	a.  He served through two periods for which award of the National Defense Service Medal was authorized.  Therefore, he is entitled to correction of his 
DD Form 214 to show the National Defense Service Medal (2nd Award).

	b.  The applicant's DD Form 214 should also be corrected by adding the following awards:  the Parachutist Badge, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, World War II Victory Medal, Army of Occupation Medal (Japan), Marksman Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

	c.  General orders awarded the applicant's units the following awards: the  Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which should be listed on his DD Form 214.

	d.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

	e.  He served in Korea from 8 June 1951 to 21 September 1953.  Therefore, he served a qualifying period of service for award of the Republic of Korea War Service Medal.  His DD Form 214 should be corrected to show this award.

	f.  He submitted a certificate showing award of the Bronze Star Medal.  Although his record is void of the official orders that awarded him the Bronze Star Medal, his rank and period of service listed on the certificate are consistent with his rank and period of service shown throughout his military record.  This is accepted as sufficient to show he was awarded the Bronze Star Medal and to have it listed on his DD Form 214.

	g.  The applicant received "excellent" conduct and efficiency ratings and his records did not contain any derogatory information.  Yet, he was only issued two awards of the Good Conduct Medal.  The existing awards should be revoked and he should be awarded four Good Conduct Medals for exemplary behavior, efficiency, and fidelity as follows:  Good Conduct Medal (1st Award) from 
1 October 1955 through 30 September 1958, (2nd Award) from 1 October 1958 through 30 September 1961, (3rd Award) from 1 October 1961 through 30 September 1964, and (4th Award) from 1 October 1964 through 30 September 1967.

3.  He served in Korea from 8 June 1951 to 21 September 1953.  However, there was no requirement at the time to list the country of foreign service on the 
DD Form 214.  Furthermore, since his service in Korea occurred outside the period covered by his retirement DD Form 214, dated October 1968, there is no provision to list it on this form.

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.  revoking General Orders Number 25, Headquarters, 11th Engineer Group, 6 July 1961 awarding him the Good Conduct Medal (1st Award) and General Orders 20, U.S. Army Pacific Command, 27 August 1964, awarding him the 2nd Award);

	b.  awarding him the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the following periods:  Good Conduct Medal 1st Award from 
1 October 1955 through 30 September 1958, 2nd Award from 1 October 1958 through 30 September 1961, 3rd Award from 1 October 1961 through 30 September 1964, and 4th Award from 1 October 1964 through 30 September 1967;

	c.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending on 31 October 1968; and

	d.  adding to his DD Form 214 for the period ending 31 October 1968:  the National Defense Service Medal (2nd Award), Parachutist Badge, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, World War II Victory Medal, Army of Occupation Medal (Japan), Marksman Marksmanship Qualification Badge with Carbine Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with four bronze service stars, Republic of Korea War Service Medal, Bronze Star Medal, and Good Conduct Medal (4th Award).

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 listing his Korea service on his DD Form 214.



      _________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)                                         AR20100009122



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ABCMR Record of Proceedings (cont)                                         AR20100009122



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