BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120006528 


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 temporary duty (TDY) service in:

* Korea at the Demilitarized Zone (DMZ), from December 1965 to January 1967 and 1 September 1967 to 6 October 1967
* Vietnam, from 18 June 1967 to 26 July 1967

2.  The applicant states there is no record on file of him serving in these countries except the records he provides with this application. 

3.  The applicant provides:

* DD Form 1351-2 (Travel Voucher or Sub-Voucher) 
* Letter Orders 557 (TDY Orders)
* Letter of appreciation
* Photographs

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's records show he enlisted in the Regular Army for 3 years on 15 March 1965 and he held military occupational specialty (MOS) 36H (Dial/Manual Central Office Repairman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific (USARPAC) as follows:

* Korea, USARPAC, 20 December 1965 to 14 June 1967
* Okinawa, USARPAC, 15 June 1967 to 15 December 1967

4.  Item 38 (Record of Assignment) of his DA Form 20 shows:

* He departed continental United States (CONUS) on 5 December 1965 enroute to USARPAC - Korea
* He served with the 82nd Signal Detachment, 304th Signal Battalion, from 23 December 1965 to 10 January 1967
* He departed Korea enroute to CONUS on 10 January 1967
* He served with the U.S. Army Strategic Communications Command, Suitland, MD, from 21 February to on or about 14 June 19967
* He was assigned to USARPAC - Okinawa from 15 June to on or about 14 December 1967
* He served with U.S. Army Strategic Communications Command from 15 December 1967 to 14 March 1968

5.  On 7 November 1966, by letter, the U.S. Ambassador, Korea, commended the men of the 304th Signal Battalion for their contributions during a visit by the President of the United States to Korea.  The battalion commander echoed those comments to each Soldier in the 304th Signal Battalion.

6.  On 15 December 1967, by letter issued by the Signal Command Chief, U.S. Army Strategic Communications Command - Pacific, the signal chief expressed his appreciation of the applicant's performance, while a member of the Installation and Construction Division, U.S. Army Strategic Communications Command - CONUS, during the installation of the U.S. Army Vietnam Communications Center in the Republic of Vietnam during the period June through October 1967.
7.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 14 March 1968 and he was transferred to the U.S. Army Reserve Control Group for completion of his service obligation after completing 3 years of creditable active service, with no lost time.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) – he completed 2 years and 1 month of foreign service in USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal
* Item 30 (Remarks) does not show he served in Vietnam 

8.  He submitted several photographs allegedly of himself in Korea.  He also submitted:

	a.  Letter Orders Number 557, issued by Headquarters, U.S. Army Strategic Communications Command, Washington, DC, on 8 June 1967 authorizing him TDY travel from CONUS on or about 15 June 1967 to Fort Buckner, Okinawa, with duty at Long Binh, Vietnam.  

	b.  DD Form 1351-2 and continuation sheets that show:

* he departed Suitland, MD on 15 June 1967 and arrived in Vietnam on 18 June 1967, after having stopped in Yugoslavia, Turkey, Iran, Pakistan, India, Burma, and Thailand
* he departed Vietnam on 26 August 1967 and arrived in Okinawa on   27 August 1967, after having stopped in the Philippines
* he departed Okinawa on 1 September 1967 and arrived at Yokota Air Force Base (AFB), Japan on 1 September 1967
* he departed Yokota AFB, Japan, on 1 September 1967 and arrived in Korea on 1 September 1967
* he departed Korea on 6 October 1967 and arrived in Japan on 6 October 1967
* he departed Japan on 6 October 1967 and arrived in Bangkok, Thailand on 7 October 1967 after having stopped in the Philippines and Vietnam
* he departed Thailand on 13 December 1967 and arrived at Yokota AFB, Japan on 13 December 1967
* he departed Japan on 14 December 1967 and arrived back in CONUS on 14 December 1967


9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the       DD Form 214:

* item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARV" (U.S. Army Vietnam)
* item 26 shows a member's awards and decorations
* item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry

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

	a.  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.

	b.  Appendix B shows during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III campaign (1 June 1967 - 29 January 1968).  This regulation also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.  


11.  There is no derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Additionally, Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  

12.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in USARPAC from 20 December 1965 to 10 January 1967 and from 15 June 1967 to on or about 15 December 1967, a period of        2 years and 1 month of foreign service.  As required by the governing regulation at the time, since his last period of foreign service was in USARPAC, his          DD Form 214 correctly lists his foreign service in item 22c and the last major overseas theater/command.  

2.  USARPAC was a theater of operations that included various countries, including Japan, Okinawa, Thailand, Vietnam, Philippines, and others.  There was no requirement to list each country individually on the DD Form 214 at the time.  However, the applicant served in Vietnam from on or 18 June 1967 to on or about 26 August 1967 in a TDY status.  As this was a hostile fire zone at the time, there will be no harm to the Army or the applicant if his Vietnam service is also listed in item 30 of his DD Form 214. 

3.  Based on his period of Vietnam service he is entitled to award of the Vietnam Service Medal.  Additionally, he participated in one campaign during this period of service.  Therefore, he is also entitled to a bronze service star to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show this award.

4.  He served in Korea from 20 December 1965 to 19 June 1967.  While there is no provision to list this period of service on the DD Form 214, it qualifies him for awards of the Armed Forces Expeditionary Medal and Korea Defense Service Medal and correction of his DD Form 214 to show both awards. 

5.  He served honorably during the period 15 March 1965 to 14 March 1968.  He attained the rank/grade of SP5/E-5 and had no lost time.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

BOARD VOTE:

__x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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: 

* awarding him the Army Good Conduct Medal (1st Award) for the period 15 March 1965 through 14 March 1968
* adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Armed Forces Expeditionary Medal (Korea)
* Korea Defense Service Medal
* 
* adding to item 30 of his DD Form 214 the entry "Service in Vietnam 18 June 1967 to 26 August 1967"



      _______ _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)                                         AR20120006528



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ABCMR Record of Proceedings (cont)                                         AR20120006528



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