IN THE CASE OF:  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120005043 


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 (Report of Transfer or Discharge) to list all of his authorized awards.

2.  The applicant states that, in addition to the awards listed on his DD Form 214, he is qualified to receive the:

* Korea Defense Service Medal
* National Defense Service Medal
* Republic of Korea Korean War Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Special Service Medal (believes the receipt of the Meritorious Unit Commendation qualifies him for this award.)
* Vietnam Service Medal

3.  The applicant provides copies of his DD Form 214 and a 20 May 1964 letter from The Adjutant General stating that he had served in Vietnam from 13 August 1962 to 16 August 1963.

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 and entered active duty on 28 November 1960.  He completed training as a teletype operator and progressed to pay grade E-4. 

3.  His  DA Form 24 (Service Record) shows in: 

   a.  Section 5 (Service Outside the United States) that he was in Kimpo, Korea from 21 May 1961 through 13 August 1962 and in Vietnam from 16 August 1962 through 4 September 1963;
   
   b.  Section 9 (Medals, Decorations, and Citations) that his authorized awards as the Marksman Marksmanship Qualification  Badge with Carbine Bar, Armed Forces Expeditionary Medal, Army Good Conduct Medal (1st Award), Meritorious Unit Commendation. 

4.  The applicant returned to the United States and was honorably released from active duty, on 5 September 1963.  His DD Form 214 shows his awards as the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Armed Forces Expeditionary Medal, and the Marksman Marksmanship Qualification Badge with Carbine Bar.

5.  Army Regulation 600-8-22 (Military Awards) states: 

   a.  the Korea Defense Service Medal 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet one of several other criteria. 

   b.  the National Defense Service Medal is awarded for honorable active service during several periods, including 1 January 1961 through 14 August 1974.  
   c.  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 from 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Other qualifying service includes actual combat  or being wounded, captured or killed.
   
	d.  The Armed Forces Expeditionary Medal (AFEM) was established in 1961 and be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participated in a U.S. military operation that encountered armed opposition, or were placed in such position that hostile action by foreign armed forces was imminent.  It required service for 30 consecutive or 60 nonconsecutive days, actual combat or being wounded or killed.  Service members who earned the AFEM for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the AFEM.  However, no service member may be issued both medals for service in Vietnam.

   e.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  
   
   f.  a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign including the Vietnam Advisory Campaign from 15 March 1962 through 7 March 1965.

6.  The Vietnam Special Service Medal is not mentioned in Army Regulation 600-8-22.  A typical internet description reads, "The Vietnam Special Service Medal was a decoration of South Vietnam which was issued between the years of 1950 and 1974. The decoration was awarded to any military service member who performed an act of outstanding meritorious service to the Vietnamese State. The Special Service Medal was also awarded to members of foreign militaries, and was presented frequently to members of the United States Armed Forces during the years of the Vietnam War.  The U.S. military considered the Special Service Medal to be the equivalent of the Bronze Star. When awarded to U.S. personnel, the decoration was permitted for wear on U.S. uniforms after all United States military awards.  In 1975, with the fall of Saigon, the South Vietnamese military effectively ceased to exist and the Special Service Medal became obsolete. Today, it is only available by private purchase through military insignia dealers."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that, in addition to the awards listed on his DD Form 214, he should be authorized the:
* Korea Defense Service Medal
* National Defense Service Medal
* Republic of Korea Korean War Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Special Service Medal
* Vietnam Service Medal 

2.  The applicant's service in Korea from 21 May 1961 through 13 August 1962 entitles him to the Korea Defense Service Medal.  It should be added to his DD Form 214.

3.  His active duty service from 1960 through 1963 entitles him to the National Defense Service Medal.  It should be added to his DD Form 214.

4.  He did not serve in Korea during the Korean War and is not qualified for the Republic of Korea Korean War Service Medal.

5.  He served in Vietnam for more than 6 months during the qualifying period and is entitled to the Republic of Vietnam Campaign Medal with Device (1960).  It should be added to his DD Form 214.

6.  His service in Vietnam from August 1962 to September 1963 qualifies him for award of the Vietnam Service Medal with one bronze service star; but he must choose whether to accept this award or keep the Armed Forces Expeditionary Medal.  He cannot have both for the same period of service.  The applicant indicated by telephone that he preferred to have the Vietnam Service Medal.  He is authorized one bronze service star for wear thereon.

7.  The Republic of Vietnam Special Service Medal was an individual decoration awarded by the government of the Republic of Vietnam.  There is no available evidence that the applicant was awarded this decoration or authorized to accept it.



8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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 the awards already listed on his DD Form 214 the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960) and the Korea Defense Service Medal.

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 the Republic of Korea Korean War Service Medal, and the Republic of Vietnam Special Service 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)                                         AR20120005043





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ABCMR Record of Proceedings (cont)                                         AR20120005043



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