BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100020051 


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 award of the Korea Defense Service Medal (KDSM).

2.  He states he was stationed in South Korea from 1975 to 1976.

3.  He provides a copy of his DD Form 214 (Report of Separation from Active Duty) for the period ending 3 December 1976 and his Certificate of Retirement.

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 was inducted into the Army of the United States on 21 April 1969.  He was honorably released from active duty on 12 April 1971.  On
27 December 1973, he enlisted in the Regular Army and he was honorably discharged on 3 December 1976 at the completion of required active service.

3.  On 22 January 1976, he enlisted in the Army National Guard (ARNG) and he remained in the ARNG until he was placed in the Retired Reserve on 1 June 1994.  He was honorably retired on 8 March 2009 at the age of 60.

4.  His DA Form 2-1 (Personnel Qualification Record) shows he served in the following overseas areas:

* Vietnam from 29 August 1970 through 12 April 1971
* Korea from 18 January 1975 to 12 February 1976

5.  Item 24 (Decorations, Medals, Badges, Commendations Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 12 April 1971 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal with Oak Leaf Cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 3 December 1976 shows the:

* Army Commendation Medal with 1st Oak Leaf Cluster
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 27 (Remarks) of his DD Form 214 for the period ending 3 December 1976 contains the entry "Last Overseas Assignment - FEPA - Republic of Korea."

8.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

9.  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, the applicant participated in the Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971) campaigns:

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the KDSM.  Therefore, his DD Form 214 for the period ending 3 December 1976 should be corrected to show this award.

2.  He participated in one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 3 December 1976 to show the bronze service star.

3.  He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar which is shown on his DD Form 214 for the period ending 12 April 1971; however, it was not carried over to his DD Form 214 for the period ending
3 December 1976.  Therefore, he is entitled to correction of his DD form 214 for the period ending 3 December 1976 to show this award.

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 26 of his DD Form 214 for the period ending
3 December 1976 the Vietnam Service Medal and

	b.   adding to item 26 of his DD Form 214 for the period ending 3 December 1976 the:

* Vietnam Service Medal with one bronze service star
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade 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)                                         AR20100020051



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ABCMR Record of Proceedings (cont)                                         AR20100020051



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