IN THE CASE OF:	

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110021797 


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 award of the Korean Service Ribbon for service in the Republic of Korea in 1967.

2.  The applicant states he was never awarded this ribbon.

3.  The applicant provides:

* Special Orders Number 103, U.S. Army Personnel Center, Fort Lewis, WA, dated 13 April 1967
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 18 April 1967
* Memorandum, subject: Request for Inter-Theater Transfer to the Republic of Vietnam, dated 9 May 1967
* DA Form 2699 (Maintenance Service Order), dated 19 May 1967

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 18 July 1966.  He completed training and he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  Later, upon promotion to the rank/grade of sergeant (SGT)/E-5, he was reclassified into MOS 64C (Truckmaster).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from on or about 14 April 1967 to on or about 12 December 1967, and the Republic of Vietnam from on or about 7 January 1968 to 6 July 1968.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his period of assignment in the Republic of Vietnam, he was assigned to the 62nd Transportation Company (Medium Truck), 7th Transportation Battalion (Truck), 48th Transportation Group (Motor Transport), U.S. Army Support Command - Saigon.

5.  On 7 July 1968, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he was credited with the completion of 1 year, 11 months, and 20 days of net service, including 1 year and 3 months of foreign service.  The highest rank/grade he attained while serving on active duty was SGT/E-5.

6.  His DD Form 214 shows that during his period of active service he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Purple Heart.  

7.  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.

8.  Army Regulation 600-8-22 states the Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003.  It 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.

9.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.
10.  General Orders Number 613, Headquarters, U.S. Army Support Command, Saigon, dated 1 July 1968, awarded him the Army Good Conduct Medal (First Award), for exemplary behavior, efficiency, and fidelity during the period 18 July 1966 to 17 July 1967.

11.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

12.  Army Regulation 600-8-22 states that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, campaign participation credit was awarded for the following four campaigns: 

* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 968)

13.  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 that during his service in the Republic of Vietnam, the 62nd Transportation Company was cited for award of the:

* Meritorious Unit Commendation, for the period 1 July 1968 through         31 March 1969, by Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm unit citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974

14.  Special Orders Number 253, Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 10 September 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded of the Korean Service Ribbon for service in the Republic of Korea in 1967.
2.  The Korean Service Medal was awarded for qualifying service in the Republic of Korea between 27 June 1950 and 27 July 1954; therefore, he applicant is not entitled to the Korean Service Medal.  Nevertheless, he is entitled to the Korea Defense Service Medal, which is awarded for qualifying service in the Republic of Korea between 28 July 1954 and a date yet to be determined by the Secretary of Defense.  Accordingly, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded him the Army Good Conduct Medal (First Award), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he served in the Republic of Vietnam from on or about 7 January 1968 to on 6 July 1968.  This period is a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 amending his DD Form 214 to delete the Vietnam Service Medal and add the:

* Korea Defense Service Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 awarding him the Korean Service Ribbon/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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20110021797



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