IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001366 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korean Service Medal and Army Commendation Medal (3rd Award).

2.  He states that the Korean Service Medal and Army Commendation Medal (3rd Award) were omitted from his DD Form 214.  He was awarded the Army Commendation Medal on his retirement and it was received too late for entry on his DD Form 214.  His military service dates were from 11 August 1954 through 31 January 1977.

3.  He provides his orders from the Army Commendation Medal (3rd Award) and 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's military records show he enlisted in the Regular Army on 11 August 1954.  He served in:

* England - 16 February 1955 through 29 January 1958
* France - 19 February 1963 through 30 January 1966
* Germany - 8 March 1968 through 10 July 1969
* Vietnam - 15 August 1969 through 14 August 1970
* Germany - 25 September 1970 through 26 September 1974

3.  He served in Vietnam during four campaigns.  He was assigned to Headquarters and Headquarters Company, 937th Engineer Group (C).

4.  Permanent Orders 17-1 were issued by Headquarters, 3rd Armored Division, on 21 January 1977, awarding him the Army Commendation Medal (3rd Award) for meritorious service from 27 January 1970 to 31 January 1977.

5.  He served continuously through several reenlistments until he was honorably retired from active duty in pay grade E-8 on 31 January 1977.  He was credited with completing 22 years and 14 days of active service.

6.  Item 26 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal
* Bronze Star Medal
* Meritorious Unit Commendation
* Two overseas service bars
* Army Good Conduct Medal (7th Award)

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14).

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

9.  Army Regulation 600-8-22 also 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.  

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Headquarters and Headquarters Company A, 937th Engineer Group, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 May 1970 through 30 April 1971, by Department of the Army General Orders Number 6, dated 1974.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal (3rd Award) on 21 January 1977 and this award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal.

3.  The evidence of record shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction to his DD Form 214 to show this award.

4.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is also entitled to correction to his DD Form 214 to show this award.


5.  General orders also awarded him the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

6.  The evidence of record does not show he completed a qualifying period of service in Korea for award of the Korea Service Medal.  Therefore, he is not entitled to award of the Korean Service Medal and its addition to his DD Form 214.

7.  In view of the foregoing, his records should be corrected as recommended 3.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the Army Commendation Medal (2nd Award) and Vietnam Service Medal from Item 24 of his DD Form 214; 

	b.  adding the following awards to Item 24 of his DD Form 214:

* Army Commendation Medal (3rd Award)
* Vietnam Service Medal with four bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 award of the Korean Service Medal and its addition 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)                                         AR20110001366





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ABCMR Record of Proceedings (cont)                                         AR20110001366



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