IN THE CASE OF:	

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20100030338 


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 correction of his 4 June 1973 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Korea and award of the Korean Service Medal.  He also requests issue of the Bronze Star Medal set.

2.  The applicant states he was awarded the Bronze Star Medal and he has the citation, but he never received the medal set.

3.  The applicant provides copies of his 30 August 1970 and 4 June 1973 DD Forms 214 and a DD Form 215 (Correction to 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 (RA) for a period of 3 years on
31 August 1963.  Upon completion of training he was awarded military occupational specialty (MOS) 355.10 (Electrician).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified Expert with the M-14 Rifle on 21 April 1970 and Expert with the M-16 Rifle on 12 November 1970;

	b.  item 31 (Foreign Service) he served in:

* Korea from 20 January 1964 through 7 February 1965
* Vietnam from 10 September 1965 through 25 November 1968
* Vietnam from 6 March 1971 through 12 January 1972

	c.  item 38 (Record of Assignments) he was assigned to:

* The 121st Evacuation Hospital [Korea] on 8 February 1964
* Headquarters Company, 46th Engineer Battalion (Construction),
U.S. Army Vietnam (USARV), from 3 September 1965 through
22 January 1966
* Company C, 46th Engineer Battalion (Construction), USARV, from
23 January 1966 through 4 February 1967
* Headquarters, 18th Engineer Brigade (U.S. Army, Pacific (USARPAC)), from 5 February through 31 August 1967
* Company C, 46th Engineer Battalion (Construction), USARV, from
1 September 1967 through 22 November 1968
* Company B, 93rd Engineer Battalion (Construction), USARPAC, from 12 March through 28 July 1971
* Company D, 36th Engineer Battalion (Construction), USARPAC, from 29 July 1971 through 8 January 1972

	d.  item 39 (Campaigns) he served in Vietnam during the:

* Vietnam Defensive [sic]
* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* [then] 15th unnamed campaign

	e.  item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, seven Overseas Service Bars, Bronze Star Medal, Army Commendation Medal, Good Conduct Medal (1st Award - 22 January 1969), Good Conduct Medal (2nd Award - 22 January 1972), Expert Marksmanship Qualification Badge with Rifle Bar, and three Service Stripes.

4.  A DD Form 214 shows the applicant entered active duty on 31 August 1963 and he was honorably discharged on 12 November 1964 for the convenience of the government to reenlist in the RA.  He completed 1 year, 2 months, and
12 days of net active service.

   a.  Item 24 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in Korea for 9 months and 23 days.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant reenlisted in the RA for a period of 6 years on 13 November 1964.

6.  Headquarters, 20th Engineer Brigade, General Orders Number 117, dated
15 February 1969, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from September 1965 to November 1968.

7.  A DD Form 214 shows the applicant entered active duty on 13 November 1964 and he was honorably discharged on 30 August 1970 for the convenience of the government to reenlist in the RA.  He completed 5 years, 9 months, and
16 days of net active service.

   a.  Item 20 (Place of Entry into Current Active Service) shows the entry "Camp Nabors, Korea";

   b.  Item 22 (Statement of Service), block c (Foreign and/or Sea Service), shows he served in USARV for 4 years, 5 months, and 3 days;

   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with (1960) Device, and six Overseas Service Bars.

8.  The applicant reenlisted in the RA for a period of 3 years on 31 August 1970.

9.  A DD Form 214, as corrected by a DD Form 215, dated 27 May 2010, shows the applicant entered active duty on 31 August 1970 and he was honorably discharged on 4 June 1973 based on early release to accept employment.  He completed 2 years, 9 months, and 4 days of net active service.

   a.  Item 22, block c, shows he served in USARPAC for 10 months and 7 days.

   b.  Item 24 [as corrected] shows the Expert Marksmanship Qualification Badge with (M-16 ) Rifle Bar, Good Conduct Medal (2nd Award), Army Commendation Medal, Letter of Appreciation, Bronze Star Medal, Vietnam Service Medal with one silver service star and three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

   c.  Item 30 (Remarks), in pertinent part, shows:  "Vietnam Service:  6 March 1971 - 12 January 1972  Indochina:  Yes  Korea:  No."

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Forms 214.

11.  Headquarters, 63rd Engineer Battalion (Construction), Fort Hood, TX, Special Orders:

   a.  Number 62, dated 21 April 1970, awarded the applicant the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

   b.  Number 210, dated 18 November 1970, awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

12.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal and that he participated in nine campaigns.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Paragraph 2-13 provides 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.  It also shows that one silver service star is authorized in lieu of five bronze service stars.
	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour in Vietnam:

       (1)  from 10 September 1965 through 25 November 1968, participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign  (8 March - 24 December 1965)
* Vietnam Counteroffensive  (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II  (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III  (1 June 1967- 29 January 1968)
* Tet Counteroffensive  (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV  (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 – 
22 February 1969)

       (2)  from 6 March 1971 through 12 January 1972, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VII  (1 July 1970 - 30 June 1971)
* Consolidation I  (1 July - 30 November 1971)
* Consolidation II  (1 December 1971 - 29 March 1972)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to:

   a.  the 46th Engineer Battalion (Construction), the battalion was awarded the:

* Meritorious Unit Commendation for meritorious service from May 1966 to April 1967 by Department of the Army General Orders (DAGO) Number 17 (1968)
* Meritorious Unit Commendation for meritorious service from 1 May to 31 October 1967 by DAGO Number 48 (1968)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 43 (1970)


   b.  the 36th Engineer Battalion (Construction), the battalion was awarded the Meritorious Unit Commendation for meritorious service from 1 January to
31 December 1971 by DAGO Number 5 (1973); and

   c.  that DAGO Number 8 (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.

15.  Army Regulation 600-8-22 (Military Awards) also shows:

	a.  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;

	b.  the Korean Service Medal is awarded for qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954; and

	c.  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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's military service, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

17.  Army Regulation 635-5, in effect at the time of the applicant's discharge on
4 June 1973, contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the
DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for:

   a.  item 24 state list all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein; and

   b.  item 30 (Remarks) will be used to complete entries too long for their respective blocks.  It also states "[i]ndicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  Sample entries are as follows:  To show service in Vietnam only, "Vietnam - 25 Apr 70 thru 28 May 71, Indochina - yes, Korea – no"; to show service in Indochina (other than Vietnam) only, "Indochina- yes, Vietnam - no, Korea – no"; to show service in Korea only, "Indochina - no, Vietnam - no, Korea – yes."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 4 June 1973 DD Form 214 should be corrected to show he served in Korea and that he was awarded the Korean Service Medal.  He also requests the Bronze Star Medal decoration set.

2.  Service medals and awards are not issued by the Army Board for Correction of Military Records.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, Attention:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  

3.  Records fail to show the applicant served a qualifying period for award of the Korean Service Medal.  Therefore, he is not entitled to correction of his records to show the service medal.

4.  The evidence of record shows at the time of the applicant's discharge:

   a.  on 12 November 1964, he qualified for award of the National Defense Service Medal and his service in Korea was subsequently recognized as qualifying for award of the Korea Defense Service Medal;

   b.  on 30 August 1970:

       (1)  he had served in eight campaigns, which entitled him to the Vietnam Service Medal with one silver service star and three bronze service stars; and

       (2)  he was awarded the Bronze Star Medal, Good Conduct Medal
(1st Award), Republic of Vietnam Campaign Medal with (1960) Device, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with
(M-14) Rifle Bar.


   c.  on 4 June 1973:

       (1)  he had served in eleven campaigns, which entitled him to the Vietnam Service Medal with two silver service stars and one bronze service star;

       (2)  since his previous discharge, he had been awarded the Army Commendation Medal, Good Conduct Medal (2nd Award), Meritorious Unit Commendation (3rd Award), and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar; and
 
       (3)  he served in Korea on or after 5 August 1964, in Vietnam from 
10 September 1965 through 25 November 1968, and from 6 March 1971 through 12 January 1972.

5.  In view of the foregoing, it would be appropriate to correct the applicant's three DD Forms 214 to show his overseas service and all of his awards and decorations, 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.  correcting his 12 November 1964, DD Form 214 by adding to item 26 the National Defense Service Medal and Korea Defense Service Medal;

   b.  correcting his 30 August 1970, DD Form 214 by:

       (1)  deleting from item 24 the "MUC" [Meritorious Unit Commendation] and "VSM W/1 SSS" [Vietnam Service Medal with one silver service star]; and


       (2)  adding to item 24 the Bronze Star Medal, Good Conduct Medal
(1st Award), Vietnam Service Medal with one silver service star and three bronze service stars, Korea Defense Service Medal, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 
Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

   c.  correcting his 4 June 1973, DD Form 214 by:

(1) deleting from item 24 the "Vietnam Service Medal (with 1 silver and
3 bronze service stars)";

       (2)  adding to item 24 the National Defense Service Medal, Vietnam Service Medal with two silver service stars and one bronze service star, Korea Defense Service Medal, Meritorious Unit Commendation (3rd Award), Republic of Vietnam Campaign Medal with (1960) Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with (M-14) Rifle Bar;

       (3)  deleting from item 30 the entry:  "Vietnam Service:  6Mar71-12Jan72  Indochina: Yes  Korea: No"; and

       (4)  adding to item 30 the entry:  "Vietnam Service:  10 September 1965 -25 November 1968 and 6 March 1971 - 12 January 1972; Indochina:  Yes; Korea:  Yes."

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 Korean Service 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)                                         AR20100030338



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ABCMR Record of Proceedings (cont)                                         AR20100030338



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