IN THE CASE OF:	  

		BOARD DATE:  12 April 2012

		DOCKET NUMBER:  AR20110020695 


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) for the period ending 31 May 1972 to show all his authorized awards.

2.  The applicant states the Bronze Star Medal, Army Commendation Medal, and Republic of Vietnam Armed Forces Honor Medal Second Class should be listed.

3.  The applicant provides copies of his DD Forms 214, dated 1955 and 1972; orders awarding him the Bronze Star Medal and the Army Commendation Medal; and a letter transmitting the Republic of Vietnam Armed Forces Honor Medal Second Class to him.

EVIDENCE OF CONSIDERATION:

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 retired honorably from the Regular Army in the rank of sergeant first class on 31 May 1972 with almost 24 years of active duty service.  His final enlistment included duty in Korea and Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows his record from June 1955 onward.  During his last enlistment from 29 November 1968 through 31 May 1972, it shows:

	a.  in item 38 (Record of Assignments) service in:

* Europe
* Vietnam as an advisor from 7 August 1969 to 26 July 1970
* Fort Benning, Georgia

	b.  in item 39 (Campaigns) assignment in Vietnam during four designated campaign periods, and

	c.  in item 41 (Awards and Decorations) the Army Good Conduct Medal (1st through 4th Award) (confirmed by orders), National Defense Service Medal, Army of Occupation Medal (Japan), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), eight overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) (confirmed by orders).

4.  The applicant's final DD Form 214, dated 31 May 1972, lists his authorized awards as the National Defense Service Medal with 1st Oak Leaf Cluster, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (4th Award), eight overseas service bars, Armed Forces Expeditionary Medal (Korea), and Army of Occupation Medal (Japan).

5.  Various orders and documents in his record duplicate the award information submitted by the applicant.  These include:

* U.S. Military Assistance Command-Vietnam General Orders Number 4012, dated 27 July 1970, awarded him the Bronze Star Medal for meritorious service during the period August 1969 to July 1970
* letter from Headquarters, Advisory Team 50, 44th Special Tactical Zone, dated 29 May 1971, forwarded the Republic of Vietnam Armed Forces Honor Medal Second Class to the applicant stating it had been received from the Vietnamese military after his departure
* Headquarters, U.S. Army Infantry Center, Fort Benning, GA, General Orders Number 161, dated 22 May 1972, awarded the applicant the Army Commendation Medal for meritorious service for the period 30 August 1970 to 31 May 1972

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

7.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Department of the Army General Orders Number 8, dated 1974, authorized U.S. Army Vietnam and all subordinate units to accept and wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's period of service in Vietnam, participation credit was awarded for the following four campaigns:  Vietnam Summer-Fall 1969 – 9 June-31 October 1969, Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970, Sanctuary Counteroffensive – 1 May-30 June 1970, and Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971.

10.  The Vietnamese Armed Forces Honor Medal was awarded to any member of the military who actively contributed to the formation and organization of the Vietnamese military and who actively participated in cadre training of Vietnamese units.  It was awarded for non-combat service only and was comparable to the United States decoration of the Commendation Medal.  The two grades of the Vietnamese Armed Forces Honor Medal were denoted by the color of the medal and the ribbon.  The first class medal was issued to commissioned officers while the second class medal was bestowed upon warrant officers and enlisted personnel.

11.  The 1955 DD Form 214 the applicant submitted with his application covered the period from 19 March 1952 through 18 March 1955.  It lists his awards as the Korean Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Korea Presidential Unit Citation, and Parachutist Badge.

12.  The DD Form 214 for the 3 years and 11 months ending 18 March 1952 shows his awards as the Army of Occupation Medal (Japan), Parachutist Badge, and Korean Service Medal with one bronze service star.

13.  His WD AGO Form 20 (Soldier's Qualification Card) shows that in addition to awards listed elsewhere, he was authorized the Marksman Marksmanship Qualification Badge with Carbine Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal, Army Commendation Medal, and Vietnamese Armed Forces Honor Medal Second Class.  These medals should be shown on his final DD Form 214.

2.  He also earned four bronze service stars for wear on the Vietnam Service Medal and is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  His retirement DD Form 214 already lists the National Defense Service Medal with 1st Oak Leaf Cluster, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (4th Award), eight overseas service bars, Armed Forces Expeditionary Medal (Korea), and Army of Occupation Medal (Japan).

4.  The practice of showing all of a Soldier's previously-authorized awards on a DD Form 214 did not start until 1973.  Nevertheless, the applicant apparently thought this practice was in effect when he retired.  Otherwise, he would not have provided his 1955 DD Form 214.  Furthermore, the inclusion of awards on his final DD Form 214 that were not received during that period (e.g., Army of Occupation Medal (Japan)) clearly justifies now listing all of his awards in one document.

5.  The other previously-authorized awards listed are:

* WD AGO Form 20 – Marksman Marksmanship Qualification Badge with Carbine Bar
* DD Form 214 for the period ending 18 March 1952 – Army of Occupation Medal (Japan), Parachutist Badge, and Korean Service Medal with one bronze service star
* DD Form 214 for the period ending 18 March 1955 – Korean Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Korea Presidential Unit Citation, and Parachutist Badge

6.  The Republic of Korea War Service Medal was authorized in 1999.  Because he was awarded the Korean Service Medal, he is authorized the United Nations Service Medal.

7.  All of his authorized awards should be listed on his retirement DD Form 214.

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 amending his DD Form 214 for the period ending 31 May 1972 to add the Bronze Star Medal, Army Commendation Medal, Korean Service Medal with three bronze service stars, four bronze service stars for wear on his already-listed Vietnam Service Medal, Vietnamese Armed Forces Honor Medal Second Class, Republic of Korea Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, United Nations Service Medal, Republic of Korea War Service Medal, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Carbine Bar.



      ___________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)                                         AR20110020695



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020695



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1