IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013967 


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 28 November 1973 to show all his awards and military education.

2.  The applicant states the Army was in such a hurry to retire him that it did not list any awards or education on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 enlisted in the California Army National Guard on 12 January 1960.  He subsequently entered active duty for training on 21 February 1960, completed basic combat and advanced individual training, and was awarded military occupational specialty 112.00 (Heavy Weapons Infantry).  He was honorably released from training to the control of the Army National Guard on 20 August 1960.  The DD Form 214 he was issued shows the following entries:

* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Mortar Bars (81mm and 106mm)
* item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) shows the entry "None"

3.  He enlisted in the Regular Army (RA) for a period of 3 years on 6 September 1960.  He served in Korea from on or about 6 June 1962 to on or about 25 July 1963.  He was honorably released from active duty on 25 July 1963.  The DD Form 214 he was issued shows the following entries:

* item 26 shows the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars
* item 28 shows the entry "None"

4.  He again enlisted in the RA for a period of 6 years on 6 August 1963.  He subsequently served in Korea from on or about 18 November 1964 to on or about 29 November 1965 and in Vietnam with the U.S. Army Military Assistance Command-Vietnam (MACV) from on or about 4 October 1967 to on or about 10 October 1968.

5.  He was honorably discharged on 5 August 1969 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows the following entries:

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal, Air Medal, Vietnam Campaign Medal, and two overseas service bars
* item 25 (Education and Training Completed) shows the Noncommissioned Officer Academy; Chemical, Biological, and Radiological Training; Geneva Convention; and Military Justice

6.  He reenlisted in the RA for a period of 4 years on 6 August 1969 and subsequently served in Vietnam with MACV from on or about 16 July 1970 to on or about 10 December 1970.

7.  He was honorably discharged for the purpose of immediate reenlistment on 6 May 1973.  The DD Form 214 he was issued shows the following entries:

* item 24 shows the Good Conduct Medal (3rd Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Badge with Rifle Bar (M-14)
* item 25 shows the Geneva Convention; Chemical, Biological, and Radiological Training; Benefits of Honorable Discharge; Nonjudicial Punishment; and Unit/Organization Supply (1971)

8.  He reenlisted in the RA for a period of 6 years on 7 May 1973.  He was ultimately retired in the rank/grade of sergeant first class/E-7 on 28 November 1973 by reason of disability.  The DD Form 214 he was issued shows the following entries:

* item 24, "None"
* item 25, "None"

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.  Members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	b.  Appendix B shows participation credit was awarded for six 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), Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), and Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

10.  Headquarters, Department of the Army, published the following general orders pertaining to MACV, during his service in Vietnam:

* General Orders Number 37, dated 1970, awarded MACV the Meritorious Unit Commendation for service from 1 September 1967 to 31 October 1968
* General Orders Number 8, dated 1974, awarded MACV the Republic of Vietnam Gallantry Cross with palm Unit Citation for service from 8 February 1962 to 28 March 1973

11.  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 their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 24 shows awards and decorations for all periods of service and item 25 shows education and training completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from on or about 6 June 1962 to on or about 25 July 1963.  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.

2.  The evidence of record also shows he was awarded the Vietnam Service Medal.  Furthermore, he participated in six campaigns while serving in the Republic of Vietnam and is entitled to award of one silver service star and one bronze service star for wear on his Vietnam Service Medal.

3.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was previously awarded numerous awards that were not listed on his final DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 28 November 1973 to show all previous awards.

5.  With respect to his military application, it appears his various separation documents listed his appropriate training and education completed during the period covered by each DD Form 214.  He did not complete any training during his last period of enlistment; therefore, his final DD Form 214 appropriately listed the entry "None."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 28 November 1973 the:

* Air Medal
* Good Conduct Medal (3rd Award)
* Vietnam Service Medal with one silver and one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Mortar Bars (81mm and 106mm)
* Sharpshooter Marksmanship Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* two overseas service bars


2.  The Board further determined 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 military education.



      _______ 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)                                         AR20100013967



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ABCMR Record of Proceedings (cont)                                         AR20100013967



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