IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029348 


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 record to add all missing awards and decorations.

2.  He states he participated in nine campaigns and should have received bronze and silver service stars to wear on the Korean Service Medal (KSM) and the Vietnam Service Medal (VSM).  The KSM is not noted and he believes he's entitled to certain unit awards.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 February 1980 and a page from his DA Form 2-1 (Personnel Qualification Record).

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 25 November 1960 and honorably released from active duty on 13 November 1962.  On 4 March 1965, he enlisted in the Regular Army, and he reenlisted on 13 February 1968 and on 17 November 1970.  Each time he was discharged to reenlist, his service was characterized as honorable.  On 14 February 1980, he was discharged under other than honorable conditions for misconduct - conviction by civil court.  

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

* item 31 (Foreign Service) he was credited with foreign service in:

* Korea from 9 September 1961 through 12 November 1962 and from 8 June 1974 through 7 July 1975
* Vietnam from 11 September 1965 through 15 September 1966, 12 November 1968 through 2 August 1969, and 26 January 1971 through 7 January 1972 

* item 38 (Record of Assignments) shows he was assigned for duty in Vietnam with:

* Battery A, 6th Missile Battalion, 71st Artillery, from 11 September 1965 to 11 September 1966 
* Battery B, 6th Battalion, 56th Artillery, from 13 November 1968 to 1 August 1969
* Battery C, 55th Artillery, 23d Infantry Division, from 9 February to 23 July 1971
* Headquarters and Headquarters Battery, 3d Battalion, 82d Artillery, from 24 July to 12 August 1971 and from 11 December 1971 to 6 January 1972
* Battery A, 3d Battalion, 82d Artillery, from 13 August to 10 December 1971 

* item 39 (Campaigns) shows he was credited with participating in nine campaigns during his service in Vietnam

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) of his DD Form 214 for the period ending 14 February 1980 shows the:

* National Defense Service Medal
* VSM
* Republic of Vietnam (RVN) Campaign Medal
* Army Commendation Medal (First Oak Leaf Cluster)
* Good Conduct Medal
* RVN Cross of Gallantry with Palm

5.  Army Regulation 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

6.  Army Regulation 600-8-22 states the Korea Defense Service Medal (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.  Only one award of the KDSM is authorized for any individual.  Appurtenances, such as bronze or silver service stars, are not authorized for wear on the KDSM.

7.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

8.  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 6th Battalion, 71st Artillery, was cited for award of the Meritorious Unit Commendation (MUC) for the period September 1965 to July 1966 by Department of the Army General Order Number 17, dated 1968.  

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) governs the preparation of the DD Form 214.  The version of the regulation in effect at the time of his discharge in 1980 stated item 13 was self-explanatory, meaning the item would show all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in Korea during the period of eligibility for the KSM.  Therefore, he is not entitled to correction of his record to show this award.

2.  He served in Korea during a period of eligibility for the KDSM.  Therefore, he is entitled to correction of his final DD Form 214 to show the KDSM.

3.  Records show he participated in nine campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and four bronze service stars for wear on his already-awarded VSM and correction of his final DD Form 214 to show these service stars.

4.  He served in a unit during a period for which it received the MUC.  Therefore, he is entitled to correction of his final DD Form 214 to show the MUC.

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 making the following changes to his DD Form 214 for the period ending 14 February 1980.

	a.  Delete the VSM from item 13.

	b.  Add to item 13 the:

* KDSM
* VSM with one silver and four bronze service stars
* MUC

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 the KSM.  



      _______ _  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)                                         AR20100029348





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ABCMR Record of Proceedings (cont)                                         AR20100029348



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