BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130003558
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 (Certificate of Release or Discharge from Active Duty) to show the:
* Republic of Vietnam - Armed Forces Honor Medal, 1st Class
* Korea Defense Service Medal
2. The applicant states he was awarded the Vietnamese Medal of Honor, First Grade in 1965. He was informed in 1967 that the Vietnamese Medal of Honor had been redesignated as the Armed Forces Honor Medal, 1st or 2nd Class.
3. The applicant provides:
* his DD Form 214
* a letter issued by Headquarters, Department of the Army (HQDA), Office of The Adjutant General, Washington, D.C., subject: Vietnamese Award-Armed Forces Honor Medal, 1st or 2nd Class, with two enclosures, dated 22 May 1967
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. On 31 August 1987, the applicant retired by reason of maximum service. He completed 30 years, 1 month, and 8 days of creditable active service.
3. His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 5 (Oversea Service) a list of his overseas service, including service in:
* the Republic of Vietnam from 14 March 1964 through 7 March 1965
* Korea from 11 September 1971 through 6 October 1972
4. A letter from HQDA, dated 22 May 1967, authorized the applicant to accept and wear the decoration he was awarded by the Government of the Republic of Vietnam.
a. According to the enclosure to the letter, Proclamation of Merit, he was awarded the Medal of Honor, First Grade.
b. Department of the Army message 810573, dated 17 April 1967, announced the Medal of Honor for Vietnam was redesignated as the Armed Forces Honor Medal, 1st or 2nd Class.
5. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. In accordance with the letter provided by the applicant from HQDA, dated
22 May 1967, he was authorized to accept and wear the Armed Forces Honor Medal, 1st Class awarded by the Government of the Republic of Vietnam. Therefore, his DD Form 214 should be corrected to show this foreign award.
2. He served during a qualifying period of service in Korea for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
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 adding to his DD form 214 the:
* Republic of Vietnam - Armed Forces Honor Medal, 1st Class
* Korea Defense 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.
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