BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026575 


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 military service records to show the Vietnam Service Medal, Southwest Asia Service Medal,
50th Anniversary Korean Defense Commemorative Medal, American Defense Service Commemorative Medal, Combat Service Commemorative Medal, Honorable Service Commemorative Medal, and the Cold War Commemorative Medal.  

2.  On 5 May 2011, per phone conversation with a staff member of the Board the applicant revised his request from correcting his records to show the above military commemorative medals to correcting his DD Form 214 by adding any and all military awards he may be entitled to for his service in the Republic of Vietnam (RVN) and the Republic of Korea (ROK).

3.  He states that he served in the ROK from 1963 through 1964 and that while serving in the RVN he was assigned to B Company, 2nd Battalion,
8th Infantry, 4th Infantry Division.

4.  He provides three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 records are not available to the Board for review.  However, this case is being considered using reconstructed records, which primarily consist of:

* three DD Forms 214
* a Standard Form (SF) 502 (Clinical Record)
* three DA Forms 8-275-3 (Clinical Record Cover Sheet)
* a DA Form 3947 (Medical Board Proceedings)

3.  He enlisted in the Regular Army on 22 November 1955 for a period of 3 years. He successfully completed basic combat training (BCT) and advanced individual training (AIT) and he was awarded military occupational specialty 111.70 (Light Weapons Infantryman).

4.  On 21 February 1959, he was honorably discharged for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 for this period shows the Army of Occupation Medal (Berlin).

5.  On 22 February 1959, he reenlisted for a period of 3 years.  On 21 February 1962, he was honorably discharged for the purpose of immediate reenlistment.  Item 26 of his DD Form 214 for this period shows the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Army Good Conduct Medal, and the Expert Infantryman Badge. 

6.  An SF 502, dated 13 December 1968, contains the applicant's military history that shows:

* he received BCT at Fort Jackson, SC
* he received AIT at Fort Hood, TX
* 
he was stationed in the Federal Republic of Germany (FRG) from 
1956 through 1960
* he was stationed at Fort Dix, NJ from 1960 through 1963
* he was stationed in the ROK from 1963 through 1964
* he was stationed at Fort Lewis, WA from 1964 through 1966

7.  He arrived in the RVN on or about 2 July 1966.  On 29 October 1966, while on patrol, he received multiple gunshot wounds to his right arm and chest.  He was evacuated from B Company, 2nd Battalion, 8th Infantry, 4th Infantry Division and he was transferred to the 18th Surgical Hospital for treatment.  On 2 November 1966, he was transferred to the 85th Evacuation Hospital.  On 9 November 1966, he departed the RVN and he was transferred to the 249th General Hospital, Japan.  He departed Japan en route to Valley Forge General Hospital, PA on
22 February 1967.

8.  The applicant was honorably retired on 18 March 1969 by reason of permanent physical disability.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 18 March 1969 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Combat Infantryman Badge
* Purple Heart

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 II campaign (1 July 1966 - 31 May 1967).

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

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 pamphlet shows the 2n Battalion, 8th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO
Number 53, dated 1970

14.  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 in the ROK during the period 1962 through 1963.  Therefore, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 for the period ending 18 March 1969 to show this award.

2.  The applicant further served in the RVN from 2 July 1966 through
8 November 1966 before to being medically evacuated through Japan to the United States for treatment of his combat wounds.  During this period of service:

	a.  He participated in one campaign phase; 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 18 March 1969 to show this bronze service star.

	b.  He was wounded and evacuated from Vietnam prior to completing
6 months of service in country; therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 for the period ending 18 March 1969 to show this award.

	c.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending 18 March 1969 should be corrected to show these unit awards.

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 adding to item 24 of his DD Form 214 for the period ending 18 March 1969 the:

* Army Good Conduct Medal
* Army of Occupation Medal (Berlin)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation
* Korea Defense Service Medal









* Expert Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol 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)                                         AR20100026575



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ABCMR Record of Proceedings (cont)                                         AR20100026575



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