IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100026586 


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, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (2nd Award) and his tour of duty in Japan.

2.  The applicant states he served in Japan from 1954 to 1957 with the 802nd Aviation Engineers, a Special Category Army with an Air Force (SCARWAF) unit renovating the Itazuke Airbase and the airbase on Iwo Jima Island.  

3.  The applicant provides two DD Forms 214 for the following periods:

* 15 July 1963 - 14 June 1970
* 15 June 1970 - 31 March 1972

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.  At the time of his application, he was retired from the Regular Army, in the rank of sergeant first class, pay grade E-7.  The effective date of his retirement was 31 March 1972.

3.  His DA Form 24 (Service Record) shows he served in Japan from on or about 4 December 1954 to 30 September 1956.

4.  Headquarters, U. S. Army Support Command Cam Ranh Bay, General Orders Number 28, dated 20 January 1967, awarded the applicant the Army Commendation Medal for meritorious service for the period 17 August 1966 to 
30 January 1967.  The record is void of additional Army Commendation Medal orders or recommendations.

5.  Item 30 (Remarks) of his DD Form 214 issued at the time of retirement shows the entry "JAPAN:  OCT 54 TO FEB 56."

6.  He was issued a DD Form 215 (Correction to DD Form 214), dated 17 May 
2010, to correct item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 31 March 1972 to show:

* Army Commendation Medal
* Combat Infantryman Badge (2nd Award)
* National Defense Service Medal with one bronze service star
* Good Conduct Medal (5th Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device "1960"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Bar (4)
* Korean Service Medal with one silver star
* United Nations Service Medal
* Republic of Korea Korean War Service Medal
* Army of Occupation Medal with Germany Clasp
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar



7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal a second order awarding the applicant the Army Commendation Medal.

8.  The applicant provides a DD Form 214 for the period 15 July 1963 to 14 June 1970.  Item 22c (Foreign and/or Sea Service) shows he served in USARPAC (Republic of Vietnam) for 2 years and 21 days.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The instructions state to enter the total active duty outside the continental limits of the United States for the period by the DD Form 214 and the last oversea theater in which service was performed in Item 22c (Foreign and /or Sea Service).  

11.  Further, the same regulation only required entries for service in Indochina, to include the Republic of Vietnam, and Korea service on or after 5 August 
1964.  There was no other requirement to enter locations of foreign service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, his DD Form 214 be corrected to show award of the Army Commendation Medal (2nd Award) and his tour of duty in Japan.

2.  The evidence of record shows he served in Japan from 4 December 1954 to 30 September 1956 but his DD Form 214 shows he served in Japan from October 1954 to February 1956.  Although regulatory guidance did not require the location and tour of duty (other than Korea, Indochina, and the Republic of Vietnam) to be entered on the DD Form 214 it would be appropriate to correct the entry to reflect he served in Japan from October 1954 to September 1956. 
3.  The available records do not show he was awarded or recommended for a second Army Commendation Medal; therefore, this award should not be added to his DD Form 214. 

4.  In view of the above, he should be granted partial relief.

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 amending item 30 (Remarks) of his DD Form 214, effective 31 March 1972, as follows:

* Deleting the entry " JAPAN:  OCT 54 to FEB 56"
* Adding the entry "JAPAN:  OCT 54 to SEP 56"

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 showing the applicant served in Japan from 1954 to 1957 or adding a second award of the Army Commendation 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)                                         AR20100026586



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026586



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1