BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130000958 


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) for the period ending 11 December 1966 to show award of the Air Medal and Army Commendation Medal and his service in Korea.

2.  The applicant states some awards were awarded after his discharge.

3.  The applicant provides:

* DD Forms 214 for the periods ending 6 September 1956, 25 April 1960, and 11 December 1966
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* Air Medal and Army Commendation Medal Certificates
* document identifying wartime service periods

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.  Having prior enlisted service, the applicant was appointed as a Reserve commissioned officer with concurrent call to active duty on 26 April 1960.

3.  He served in a variety of overseas assignments as follows:

* Korea from 1 March 1963 to 19 April 1964
* Vietnam from 28 January 1966 to 10 December 1966 while assigned to the 58th Transportation Battalion

4.  He was honorably discharged on 11 December 1966 in the rank of captain.  His DD Form 214 for this period shows in:

* item 24c (Foreign and/or Sea Service) – "2  0  2" indicating he completed 2 years and 2 days of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Army Aviator Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and National Defense Service Medal

5.  Special Orders Number 5 issued by Headquarters, 170th Aircraft Maintenance Battalion, Fort Benning, GA, dated 27 January 1965, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  Headquarters, U.S. Army Vietnam, published the following orders:

* General Orders (GO) Number 6750, dated 9 December 1966, awarding him the Army Commendation Medal for meritorious service
* GO Number 6795, dated 12 December 1966, awarding him the Air Medal for meritorious service

7.  A review of his records indicates his authorization for additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 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.

9.  Army Regulation 600-8-22 states 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.  Appendix B shows that during his service in Vietnam participation credit was awarded for the below named campaigns.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive, 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966-31 May 1967

10.  Department of the Army GO 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
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  From 1951 to 1966, item 24c showed the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal and Army Commendation Medal and special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.  These awards are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant served in Korea from 1 March 1963 to 19 April 1964 and in Vietnam from 28 January 1966 to 10 December 1966, a total of 2 years and 2 days of foreign service.  This period of foreign service is properly entered in item 24c of his DD Form 214.  There was no provision to list each individual country of foreign service on the DD Form 214.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant's DD Form 214 correctly shows his foreign service in item 22c and he has established no reason to change it.

4.  However, the applicant's service in Korea qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

5.  The applicant was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is authorized to wear two bronze service stars with his already-awarded Vietnam Service Medal.

6.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the following awards to his DD Form 214 for the period ending 11 December 1966:

* Air Medal
* Army Commendation Medal
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar
* two bronze service stars for wear on his already-awarded Vietnam Service Medal

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 listing his Korea service on his 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)                                         AR20130000958



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ABCMR Record of Proceedings (cont)                                         AR20130000958



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