IN THE CASE OF:	

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110024524 


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 the following awards be annotated on his "retirement" DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Armed Forces Expeditionary Medal (AFEM)
* Airborne Badge (known as the Parachutist Badge)
* Any awards from the Vietnam War era 

2.  The applicant also requests that a new DD Form 214 be issued.

3.  The applicant states, in effect, it will be in the fairness of setting the record straight.

4.  The applicant provides no supporting documentation with his application.

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 on 15 November 1961, and served through multiple reenlistments - as a 31Z (Communications- Electronics Operator) and as a 95B (Military Police) – in a variety of stateside and overseas assignments.  He ultimately retired on 31 January 1982 in the rank/pay grade of staff sergeant/E-6.

3.  The applicant was issued multiple separation documents (DD Forms 214) throughout his career; these forms show he earned the following awards during his active duty tenure: 

* Marksman Marksmanship Qualification Badge with Rifle Bar (Rifle M1)
* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM) (second award)
* Armed Forces Expeditionary Medal (AFEM) 
* Army Good Conduct Medal (AGCM) (with cluster, Silver, 1 Loop)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (45 Caliber Pistol)

4.  The applicant's records show he completed the following periods of foreign service:

* Korea, February 1963 to February 1964
* Germany, March 1967 to February 1970
* Korea, January 1975 to April 1975
* Germany, April 1978 to September 1980

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he served in the Republic of Vietnam (RVN). 

6.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 21 shows he completed basic airborne training in 1965.

7.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

8.  A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or his DD Form 214.

9.  Paragraph 2-20 of Army Regulation 600-8-22 contains guidance on the Korea Defense Service Medal (KDSM).  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea from 28 July 1954 to a future date to be determined.

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 635-5 (Separation Documents) states once a DD Form 214 has been issued, it will not be reissued except in three instances:

* when directed by proper appellate authority, Executive Order, or by the Secretary of the Army
* when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214)
* when two DD Forms 215 have been issued and an additional correction is required

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the AFEM, the Parachutist Badge and all other awards he is eligible during the Vietnam War era to his retirement DD Form 214 has been carefully considered and was found to have partial merit.

2.   The applicant was previously authorized or awarded the AFEM that was listed on a previous DD Form 214 but not on his retirement DD Form 214.  This award should be listed on his retirement DD Form 214.

3.  Records show the applicant completed the 3-week Basic Airborne Course in 1965, and as a result there is sufficient evidence to show he is entitled to award of the Parachutist Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  Records show the applicant served in Germany during the Vietnam War era.  There is no documentation to show he was deployed or served in the RVN during his military career, and no other awards were authorized simply for serving during the Vietnam War era.  

5.  The evidence of record confirms that based on his qualifying service in Korea, the applicant is eligible for the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

6.   Records show the applicant completed four tours of foreign service in Korea and Germany during his military service, which entitles him to award of the OSR with Numeral 4.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The above corrections should not require the issuance of more than two     DD Forms 215; therefore, reissuance of his DD Form 214 is not required or authorized by regulation.

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 adding to his DD Form 214 for the period ending 31 January 1982 the:

* AFEM
* Parachutist Badge
* KDSM
* OSR with Numeral 4

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 any other awards issued during the Vietnam War or issuing a new 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)                                         AR20110024524





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ABCMR Record of Proceedings (cont)                                         AR20110024524



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