IN THE CASE OF: 

		BOARD DATE:  27 September 2012

		DOCKET NUMBER:  AR20120006209 


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) to show his service in the Republic of Korea. 

2.  The applicant states his service in Korea is not on listed on his DD Form 214. He cannot read the DD Form 214, but a representative from the Disabled American Veterans told him the service was not there.

3.  The applicant did not provide any additional documentation.

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 10 May 1963 and held military occupational specialty 82D (Topographic Surveyor). 

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in Vietnam from 23 August 1965 through 30 April 1966 (8 months and 8 days).  No service in Korea is listed; and

	b.  item 35 (Record of Assignments) that he was assigned to the 161st Engineer Company (Korea) from 13 November 1963 through 8 January 1964 
(1 month and 26 days).

4.  He was honorably released from active duty on 30 April 1966 as a specialist four/E-4.  He had completed 2 years, 11 months, and 21 days of creditable active service.  His DD Form 214 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar.  Item 24c (Foreign and/or Sea Service) shows "USARV" (U.S. Army Vietnam) "0 8 8" (indicating 0 years, 8 months and 
8 days).

5.  An internet extract shows the 161st Engineer Company was inactivated on 
15 May 1973 in Korea.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	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 during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

7.  Army Regulation 600-8-22 also contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign – 8 March 1965-24 December 1965
* Vietnam Counteroffensive – 25 December 1965-30 June 1966

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 
13 November 1963 to 8 January 1964.  However, his DD Form 214 only shows his Vietnam service.  It would be appropriate to amend his DD Form 214 to show he served 1 month and 26 days in Korea.

2.  He served a qualifying period for award of the National Defense Service Medal and the Korea Defense Service Medal.  These medals should be listed on his DD Form 214.

3.  As related issues, the applicant is entitled to additional corrections to his 
DD Form 214.

4.  Records show he also participated in two campaign periods during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  He served during a period that qualified him for correction of his records to show the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Gallantry Cross Unit Citation with Palm.

6.  His DD Form 214 should be corrected to show these awards.


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:

	a.  adding the following awards to item 26 of his DD Form 214:

* National Defense Service Medal 
* Korea Defense Service Medal
* two bronze service stars for wear on his previously-issued Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  deleting the current entry from item 24c of his DD Form 214 and adding the entry "0  10  04" (0 years, 10 months, and 4 days).



      __________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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20120006209



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