IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110011463 


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

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Korea Defense Service Medal
* item 30 (Remarks) to show he completed 32 months of foreign service in Germany from 12 September 1969 to 1 May 1972 instead of 20 months

2.  The applicant states the 20 months indicated does not correspond to the dates he served in Germany and he has since been awarded the Korea Defense Service Medal.

3.  The applicant 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 was inducted into the Army of the United States on 13 March 1963 and he held military occupational specialty 141.60 (Light and Medium Field Artillery Crewman).  He was honorably discharged on 25 May 1964 to accept a commission.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 25 May 1964 shows the Marksman Marksmanship Qualification Badge with Rifle Bar and Army Good Conduct Medal.

3.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 26 May 1964 with concurrent call to active duty and executed an oath of office.  He served in a variety of stateside and/or overseas assignments, including:

* U.S. Army Pacific (USARPAC) – Korea from 14 March 1966 to 12 April 1967
* USARPAC – Vietnam from 12 May 1968 to 9 May 1969 (assigned to the 4th Battalion, 42nd Artillery, 4th Infantry Division)
* U.S. Army Europe (USAREUR) – Germany from 12 September 1969 to 26 April 1972

4.  He was honorably released from active duty on 1 May 1972.  His DD Form 214 for this period shows in:

* item 24 – Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Bronze Star Medal
* item 30 – 20 months – 12 September 1969-1 May 1972 – USAREUR – Germany

5.  Army Regulation 600-8-22 (Military Awards) states 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.

6.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

7.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bars.

8.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal and states 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, campaign participation credit was awarded for the following four campaigns:

* 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)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 4th Battalion, 42nd Artillery, in Vietnam, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on Department of the Army General Orders (DAGO) Number 3, dated 1970, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 based on DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from March 1966 to April 1967.  Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

2.  He completed 32 months of foreign service in Germany from 12 September 1969 to 26 April 1972.  His DD Form 214 inadvertently credited him with only 20 months during this period.  Therefore, he is entitled to correction of his DD Form 214 to show completion of 32 months of foreign service in Germany.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records.  Therefore, he is entitled to have these unit awards listed on his DD Form 214.

4.  He was awarded the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bars.  He is entitled to correction of his DD Form 214 to show these badges.

5.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding the following awards to item 24 of his DD Form 214 for the period ending 1 May 1972:

* Korea Defense Service Medal
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bars

* deleting from item 30 of his DD Form 214 for the period ending 1 May 1972 the entry "20 MOS – 12 SEP 69-1 MAY 72 – USAREUR – GERMANY" and adding the entry "32 MOS – 12 SEP 69-1 MAY 72 – USAREUR – GERMANY"



      ______________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)                                         AR20110011463



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ABCMR Record of Proceedings (cont)                                         AR20110011463



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