IN THE CASE OF:	 

		BOARD DATE:	    20 January 2011

		DOCKET NUMBER:  AR20100018405


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, in effect:

* correction of his U.S. Navy (USN) discharge papers to show all awards, citations, and medals he earned during World War II (WWII)
* correction of his most recent U.S. Army DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards, citations, and medals he earned throughout his career

2.  The applicant states, in effect:

	a.  He is entitled to the "Wounded Duck Lapel Pin," Navy Good Conduct Medal, and all other pertinent awards associated with his USN service in WWII.

	b.  He is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, certain bronze star adornments to the Vietnam Service Medal, and other unit citations earned while a member of the 25th Infantry Division in the Republic of Vietnam (RVN).  

3.  The applicant provides his DD Form 214 for the period ending 30 April 1967 and his DD Form 215 (Correction to DD Form 214), dated 7 February 1973.

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 request for correction of his USN DD Form 214 is not within the purview of this Board.  He is advised to submit a separate application to the Board of Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100.  Accordingly, his request for correction of his USN DD Form 214 to show all awards, citations, and medals he earned during WWII, as well as his request for award of the Navy Good Conduct Medal relative to his USN service in WWII, will not be discussed further in these Proceedings.

3.  On 31 October 1946, he enlisted in the Regular Army, for a period of 3 years. On 30 April 1967, he was honorably retired under the provisions of Title 10, U.S. Code, section 3914 (Retirement after 20, but less than 30 years, Active Federal Service), and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  He completed 21 years, 7 months, and 19 days of total active service at the time of his retirement.

4.  His records show he served in the Republic of Korea from on or about 25 May 1953 to on or about 14 October 1954. 

5.  His records show he served in the RVN from on or about 16 April 1966 to on or about 22 April 1967, where he was assigned to Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 April 1967 shows the:

* National Defense Service Medal (1st Oak Leaf Cluster)
* Combat Medical Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 November 1965 shows the Army Good Conduct Medal (2nd Award).

8.  Item 26 of his DD Form 214 for the period ending 15 November 1961 shows the:

* Korean Service Medal
* Korea Service Medal with 1 bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal

9.  Item 34 (Remarks) of his Naval Personnel (NAVPERS) Form 553 (Notice of Separation from U.S. Naval Service) for the period ending 15 April 1946 shows he was awarded the:

* American Theater Medal (now known as the American Campaign Medal)
* Victory Medal (correctly known as the WWII Victory Medal)
* Asiatic Pacific Medal (correctly known as the Asiatic-Pacific Campaign Medal)

10.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003.  It 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.  

11.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966) 
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which he was assigned was cited for the following unit citations:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period April 1966 to August 1968, by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 30 April 1966 to 21 January 1970, by DAGO Number 51, dated 1971

14.  The United States Military Service Honorable Discharge Lapel Pin, known unofficially as the "Ruptured Duck" Lapel Pin, is the official emblem of Honorable Discharge for all service branches of all eras.  It replaces all previously issued Honorable Discharge lapel pins or buttons and is retroactive to the Revolutionary War.  Honorably Discharged personnel of all four military service branches are eligible. 

15.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.


DISCUSSION AND CONCLUSIONS:

1.  Records show he honorably served on active duty in the Republic of Korea during a period authorized for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his record to show this award.

2.  Records show he honorably served on active duty in the Republic of Korea during a period authorized for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit of assignment in the RVN the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show he participated in 2 campaigns during his service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show 2 bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  His DD Form 214 for the period ending 15 November 1965 shows he was awarded the Army Good Conduct Medal (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  His DD Form 214 for the period ending 15 November 1961 shows he was awarded the Korean Service Medal with 1 bronze service star and the United Nations Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  His NAVPERS Form 553 for the period ending 15 April 1946 shows he was awarded the American Campaign Medal, WWII Victory Medal, and the Asiatic-Pacific Campaign Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

8.  His records show he was honorably retired from service.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Lapel Pin.


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 adding to item 24 of his DD Form 214 for the period ending 30 April 1967 the:

* Army Good Conduct Medal (2nd Award)
* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* Korean Service Medal with 1 bronze service star
* Vietnam Service Medal with two bronze service stars
* United Nations Service Medal
* Republic of Korea War Service Medal
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Lapel Pin



      _______ _ 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018405



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1