IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025252 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1972 to show his service in Korea and award of the United Nations Service Medal, National Defense Service Medal, Army Good Conduct Medal, and Korea Service Medal with 3 bronze service stars.  

2.  He provides no statement and provides the following:

* DA Form 20 (Enlisted Qualification Record)
* 1954 DD Form 214 (Report of Separation from the Armed Forces of the United States)
* 1972 DD Form 214
* Four newspaper pictures alleged to be of himself

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 military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 11 January 1949.  He served in the American Pacific Theater of Operations from 23 April through 14 November 1949.  He was honorably separated on 23 November 1949.  He was issued a WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) showing award of the Army of Occupation Medal with Japan Clasp.  

3.  He again enlisted in the RA on 1 December 1951, for 3 years.  He served in Japan from 19 to 26 February 1952 and in Korea from 27 February 1952 to on or about 14 April 1953.  He was honorably discharged on 30 November 1954, at the expiration of term of service.  

4.  He was issued a DD Form 214 crediting him with completing 3 years active service and 1 year, 1 month, and 26 days foreign service.  Item 27 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form lists the following awards:

* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal

5.  He enlisted in the RA on 11 February 1955 for 3 years.  He was honorably discharged for the purpose of immediate reenlistment on 2 July 1957.  He was issued a DD Form 214 crediting him with completing 2 years, 4 months, and 22 days active service and no lost time.  Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form lists the Parachutist Badge.

6.  He reenlisted in the RA on 3 July 1957 for 3 years.  He served in Korea from 13 September 1957 through 14 November 1958.  He was honorably discharged for the purpose of immediate reenlistment on 17 May 1960.  He was issued a DD Form 214 crediting him with completing 2 years, 10 months, and 10 days active service and 1 year, 2 months, and 2 days of foreign service.  Item 26 of this form lists the Parachutist Badge.

7.  He reenlisted in the RA on 18 May 1960 for 6 years.  

8.  General Orders Number 3 were issued by Headquarters, 13th Artillery, on 18 January 1963, awarding him the Army Good Conduct Medal (1st Award) for service from 10 January 1960 through 9 January 1963.

9.  He served in Germany from 19 July 1962 through 27 July 1965.  He was honorably discharged for the purpose of immediate reenlistment on 17 May 1966.  He was issued a DD Form 214 crediting him with completing 6 years active service and 2 years, 11 months, and 9 days foreign service in Germany.  Item 26 of this form lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  He reenlisted in the RA on 18 May 1966 for 3 years.  He served in Vietnam and was assigned to the 478th Aviation Company, 1st Calvary Division, from 11 July to 6 August 1967 and to Company A, 228th Aviation Battalion, 1st Cavalry Division, from 7 August 1967 to 26 August 1968.  

10.  General Orders Number 78 were issued by Headquarters, 10th Aviation Group, on 15 November 1966, awarding him the Army Good Conduct Medal (2nd Award) for service from 8 November 1963 through 7 November 1966.

11.  He was honorably discharged for the purpose of immediate reenlistment on 17 May 1969.  He was issued a DD Form 214 crediting him with completing 3 years active service and 1 year of foreign service in the U.S. Army Pacific (Vietnam).  Item 26 of this form lists the following:

* National Defense Service Meal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Army Good Conduct Medal (2nd Award)
* Aircraft Crewman Badge
* Parachutist Badge
* Air Medal with 1-18 oak leaf clusters (OLC) 
* Army Commendation Medal
* Distinguished Flying Cross
* Two overseas service bars

12.  He reenlisted in the RA on 18 May 1969 for 3 years.  He served in Vietnam from 8 December 1969 through 7 December 1970.  He was assigned to the 271st Aviation Company from 19 December 1969 to 10 July 1970 and to Headquarters and Headquarter Company, 520th Transportation Battalion (AM&S) from 11 July to December 1970.  He was honorably retired in pay grade E-7 on 31 May 1972.  He was issued a DD Form 214 crediting him with completing 21 years, 1 month, and 28 days total active service and 1 year of foreign service in the U.S. Army Vietnam.  Item 26 of this form lists the following:

* Vietnam Service Medal with 6 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Bronze Star Medal
* Distinguished Flying Cross with 1 OLC
* Army Commendation Medal

13.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his periods of service.

14.  The applicant provided 4 newspaper clipping pictures which stated they were taken of him while he was stationed in Japan, Korea, and Vietnam.

15.  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.  From 1951 to 1962, Item 24c (Foreign and/or Sea Service) of the DD Form 214 showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, Item 12 of the DD Form 214 showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).  

16.  Army Regulation 635-5, the current version, states Item 13 will list the awards and decorations for all periods of service.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all 
been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
18.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

19.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam 
Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

20.  Department of the Army Pamphlet 672-3 also shows 478th Aviation Company was cited for award of the:

* Meritorious Unit Commendation for the period 1 June 1967 - 29 February 1968 by Department of the Army General Orders (DAGO) Number 28, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 - 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 August 1967 - 21 January 1970 by DAGO Number 51, dated 1971

21.  Department of the Army Pamphlet 672-3 further shows Company A, 228th Aviation Battalion was cited for award of the:

* Meritorious Unit Commendation for the period 1 April - 30 November 1967 by DAGO Number 73, dated 1968

22.  Department of the Army Pamphlet 672-3 further shows the 271st Aviation Company was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 15 December 1969 - 10 October 1970 by DAGO Number 52, dated 1971
23.  Department of the Army Pamphlet 672-3 also shows Headquarters and Headquarters Company, 520th Transportation Battalion was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 October 1970 - 31 August 1972 by DAGO Number 6, dated 1974.

24.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and             30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed several periods of active duty during which he was awarded the Army of Occupation Medal with Japan Clasp, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, National Defense Service Medal (2nd Award), Army Good Conduct Medal (2nd Award), Parachutist Badge, Air Medal with 1-18 OLCs, two overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14); however, none of these awards are listed on his final DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 31 May 1972 to show these awards.

2.  General orders authorized him award the Army Good Conduct Medal for service from 10 January 1960 through 9 January 1963 (1st Award) and from 8 November 1963 through 7 November 1966 (2d Award).  These awards are shows on his DD Forms 214 for the periods ending 3 November 1954 and 17 May 1969, respectively.  The fact the Army Good Conduct Medal is listed on his DD Form 214 for the period ending 3 November 1954 is accepted as evidence that his first award was for the period ending 30 November 1954.  Therefore, it appears the two Army Good Conduct Medal orders in his records are erroneous and should be revoked.

3.  The evidence shows he met the criteria for the award of the Army Good Conduct Medal (2d to 6th Award) for service from 11 February 1955 through 10 February 1958, 11 February 1958 through 10 February 1961, 11 February 1961 through 10 February 1964, 11 February 1964 through 10 February 1967, and 11 February 1967 through 10 February 1970.  

4.  For unknown reasons he was not awarded these Army Good Conduct Medals.  There is no evidence of record which shows he was disqualified by his commander for these awards.  Therefore, he is entitled to the Army Good Conduct Medal (2d to 6th Awards) for the foregoing periods and correction of his DD Form 214 to show these awards.

5.  The evidence of record also shows he completed a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to this award and it addition to his DD Form 214.

6.  General orders authorized his various units two awards of the Meritorious Unit Commendation, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; however, none of these awards is listed on his final DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 31 May 1972 to show these unit awards

7.  With respect to listing his Korea service on his last DD Form 214, the evidence of records shows he served in Korea from 27 February 1952 to 14 April 1953.  This period of foreign service is captured in Item 24c of his DD Form 214 for the period ending on 30 November 1954.  There is no provision in the regulation to list the specific country of foreign service in Item 24c.

8.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  revoking General Orders Number 3 and 78 awarding the applicant the Army Good Conduct Medal for service from 10 January 1960 through 9 January 1963 and from 8 November 1963 through 18 October 1966; 

	b.  awarding him the Army Good Conduct Medal (2d to 6th Award) for service from 11 February 1955 through 10 February 1958, 11 February 1958 through 10 February 1961, 11 February 1961 through 10 February 1964, 11 February 1964 through 10 February 1967, and 11 February 1967 through 10 February 1970; 

	c.  adding to Item 26 of his DD Form 214 for the period ending 31 May 1972 the following:

* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Army Good Conduct Medal (6th Award)
* Republic of Korea War Service Medal 
* Parachutist Badge
* Air Medal with 1-18 OLCs
* Two overseas service bars
* Republic of Korea War Service Medal
* Two Meritorious Unit Commendations
* Three Republic of Vietnam Gallantry Cross with Palm Unit Citations
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  issuing to him a corrected document showing these changes.

2.  The Board further determined that 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 adding the applicant's Korea service time to his DD Form 214 for the period ending 31 May 1972.



      _______ _   _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)                                         AR20100025252



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ABCMR Record of Proceedings (cont)                                         AR20100025252



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