IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: 20100019211
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show all his awards and decorations.
2. The applicant states, in effect, he served in combat in the Republic of Vietnam.
3. The applicant provides a copy of the Master Record Rating Data of his Department of Veterans Affairs (VA) file.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is a retired Regular Army master sergeant/pay grade E-8.
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 Overseas Service):
* Korea from 5 June 1965 through 1 January 1967
* Germany from 23 April through 29 November 1967
* Vietnam from 2 January through 31 December 1968
* Thailand from 20 August 1972 through 9 August 1973
4. His DD Form 214 for the period ending 31 August 1991shows in Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized (All periods of service)):
* National Defense Service Medal with Bronze Service Star
* Army Service Ribbon
* Overseas Service Ribbon-4
* Noncommissioned Officer Professional Development Ribbon-3
* Army Good Conduct Medal with 7 Oak Leaf Clusters (OLC)
* Army Commendation Medal with 1 OLC
* Vietnam Service Medal with 4 OLC
* Vietnam Cross of Gallantry with Palm Unit Citation
* Vietnam Campaign Medal
* Meritorious Service Medal
5. A review of the applicant's records indicate entitlement to additional awards and decorations that are not shown on his DD Form 214 and some that are shown need correction.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning military awards. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
7. Appendix B of Army Regulation 600-8-22 and the applicant's dates of service in Vietnam indicate participation credit for the following four campaign periods: the Vietnam Counteroffensive, Phase III, the Tet Counteroffensive 68, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. However, bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand, Laos, or Cambodia.
DISCUSSION AND CONCLUSIONS:
1. The available records clearly show he was assigned in the Republic of Korea, from 5 June 1965 through 1 January 1967. Therefore, his DD Form 214 should be corrected to show award of the Korea Defense Service Medal.
2. His DD Form 214 lists the "Vietnam Service Medal with (4OLC)." This should be changed to show the Vietnam Service Medal with four bronze service stars to represent his campaign participation.
3. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
BOARD VOTE:
__X____ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ____ ____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting from item 13 of his DD Form 214 the "Vietnam Service Medal (4OLC)"; and
b. adding to item 13 of his DD Form 214 the Vietnam Service Medal with four bronze service stars and the Korea Defense Service Medal.
_________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) AR20100000026
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ABCMR Record of Proceedings (cont) AR20100019211
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