IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100010909 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal (KDSM), Army Reserve Components Overseas Training Ribbon (ARCOTR), and the Republic of Vietnam Staff Service Medal 2nd Class.

2.  The applicant states the KDSM was authorized after his retirement and the ARCOTR and the Vietnam Staff Service Medal 2nd Class were omitted from his DD Form 214 at the time of his retirement.

3.  The applicant provides reassignment orders, foreign orders for the Republic of Vietnam Staff Service Medal 2nd Class, and an ARCOTR Certificate.

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 enlisted in the Regular Army on 15 June 1962 and upon completion of his initial entry training, he was awarded military occupational specialty 111.10 (Light Weapons Infantryman).  He served throughout a series of reenlistment until his retirement on 31 May 1989 in the rank/grade of first sergeant (1SG)/E-8. 

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 5 April 1981 to 3 March 1984 and from 9 April 1988 to 6 April 1989.

4.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May 1989 shows the:

* Bronze Star Medal
* Meritorious Service Medal with 1st Oak Leaf Cluster
* Joint Service Commendation Medal
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal with silver clasp and three loops
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3
* Republic of Vietnam Campaign Medal
* Joint Chief of Staff Identification Badge
* Presidential Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  He provides foreign orders for the Republic of Vietnam Staff Service Medal 2nd Class indicating he was awarded this foreign decoration by the Republic of Vietnam Armed Forces.  He also provides an ARCOTR Certificate that confirms he was awarded this award for the period 8 - 27 March 1989.

6.  Army Regulation 600-8-22 (Military Awards) states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 600-8-22 states the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or active duty for training (ADT) for a period of not less than 10 consecutive duty days on foreign soil.

8.  Army Regulation 600-8-22 prescribes the eligibility requirements and authority for accepting and wearing of foreign awards and badges.  It states that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular badge is authorized for award only to enlisted personnel of host country, then badge may be accepted and worn by U.S. Army enlisted personnel.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of those foreign badges.  This authority may not be further delegated.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea for more than 30 consecutive days.  Therefore, he is entitled to the KDSM and correction of his DD Form 214 to show this service medal.

2.  He provided evidence showing he was awarded the ARCOTR; however, the awards regulation provides that the ARCOTR is awarded to members of the Reserve Components of the Army [emphasis added] for completion of annual training or active duty for training on foreign soil.  He was in the Regular Army during his overseas service.  Therefore, he is not entitled to this award or its addition on his DD Form 214.

3.  He also provided orders showing he was awarded the Vietnam Staff Service Medal 2nd Class; however, there is no evidence showing that a commander serving in the rank of brigadier general or higher or a colonel-level commander 

who exercised general court-martial authority approved the acceptance, retention, and permanent wear of this foreign award.  Therefore, the orders provided are insufficient evidence in which to base adding this foreign award to his DD Form 214.

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 13 of his DD Form 214 for the period ending 31 May 1989 the Korea 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 adding the Army Reserve Components Overseas Training Ribbon and the Vietnam Staff Service Medal 2nd Class to 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)                                         AR20100010909



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ABCMR Record of Proceedings (cont)                                         AR20100010909



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