BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100014123 


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 all of his authorized awards.

2.  The applicant states:

* only his Vietnam service is shown on his DD Form 214
* his Korean service was not recorded on his DD Form 214
* he is of the understanding that Korea has issued a new medal
* he had two hardship tours during one period of enlistment

3.  The applicant provides:

* a self-authored letter to the Army Review Boards Agency, dated 26 April 2010
* U.S. Government Motor Vehicle Operator's Identification Card
* two DA Forms 2349 (Military Pay Voucher)

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.  On 11 February 1964, the applicant enlisted in the Army for 3 years.  He completed training as a wheel vehicle mechanic.  He arrived in Korea on 1 July 1964 and he was assigned to Company C, 1st Battalion, 8th Cavalry Division.  He departed Korea en route to the United States on 15 July 1965.

3.  The applicant arrived in Vietnam on 19 April 1966 and he was assigned to Headquarters Company, 54th Signal Battalion (Corps).  While in Vietnam, he participated in the following two campaigns:

* Vietnam Counteroffensive Campaign which extended from 25 December 1965 through 30 June 1966
* Vietnam Counteroffensive Campaign Phase II which extended from 1 July 1966 through 31 May 1967

4.  He returned to the United States on 28 January 1967 and he was honorably released from active duty as an overseas returnee.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received following awards:

* National Defense Service Medal
* Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he is also authorized the following awards that are not shown on his DD Form 214:

* Second Class Gunner Badge (Machine Gun)
* Expert Marksmanship Qualification Badge with Rifle Bar

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 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 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.  In this case, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 54th Signal Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders Number 54, dated 1974, and the Meritorious Unit Commendation for the period September 1965 through June 1966 by Department of the Army General Orders Number 17, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered and they have merit.

2.  Based on the evidence of record he is authorized the following awards that are not shown on his DD Form 214:

* Korea Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Second Class Gunner Badge with Machine Gun Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Device (1960) to be affixed to his already-awarded Vietnam Campaign Medal

3.  His DD Form 214 should be amended to add these awards.


BOARD VOTE:

___x____  ____x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214, dated 28 January 1967, by deleting the Vietnam Service Medal and the Vietnam Campaign Medal and adding the following awards:

* Korea Defense Service Medal
* Meritorious Unit Commendation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Second Class Gunner Badge (Machine Gun 60)
* Expert Marksmanship Qualification Badge with Rifle Bar



      ___________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)                                         AR20100014123



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ABCMR Record of Proceedings (cont)                                         AR20100014123



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