IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20100029337 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* four overseas service bars
* the Vietnam Service Medal with three bronze service stars
* the Republic of Vietnam Campaign Medal with Device (1960)
* the Korea Defense Service Medal

2.  He states he is entitled to two overseas service bars for his year of service in Korea from 1963 to 1964 and an additional two overseas service bars for his year of service in the Vietnam from 1965 to 1966, for a total of four overseas service bars.  However, only one overseas service bar is annotated on his DD Form 214.  He attests he also earned the Republic of Vietnam Campaign Medal and three bronze service stars for participating in three campaigns while serving in Vietnam.

3.  He provides his DD Form 214.

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 enlisted in the Regular Army on 23 August 1963 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 62B (engineer equipment repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Korea from 31 January 1964 through 12 February 1965

	b.  Item 38 (Record of Assignments) he was assigned to the 87th Engineer Company (Construction) from 3 August 1965 to 31 July 1966 during his service in Vietnam.

	c.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

4.  On 3 August 1966, he was released from active duty with an honorable characterization of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  Item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

5.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

	a.  For Korea service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Korea from 27 June 1950 until 27 July 1954, both dates inclusive, or serving in a designated hostile fire area in Korea from 1 April 1968 until 31 August 1973.  Both the month of arrival and the month of departure from Korea were counted as whole months for credit toward the overseas service bar.

	b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 following three campaigns:

* Vietnam Defense Campaign, from 8 March to 24 December 1965
* Vietnam Counteroffensive, from 25 December 1965 to 30 June 1966
* Vietnam Counteroffensive Phase II, from 1 July 1966 to 31 May 1967

7.  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.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show additional awards and decorations was carefully considered and determined to have partial merit.

2.  Evidence shows he served a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show this award.

3. The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant served a qualifying period of service for entitlement to two overseas service bars for his service in the Republic of Vietnam from 5 August 1965 to 31 July 1966.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars for his service in Vietnam.

6.  The applicant served in Korea from 31 January 1964 through 12 February 1965.  However, his service in Korea was not within the period of service for which the overseas service bar was authorized.  Therefore, there is no basis for granting this portion of his request.



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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal and one overseas service bar, and

	b.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars

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 any more than two overseas service bars to his DD Form 214.



      __________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)                                         AR20100029337



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ABCMR Record of Proceedings (cont)                                         AR20100029337



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