IN THE CASE OF:	  

		BOARD DATE:	    14 November 2013

		DOCKET NUMBER:  AR20130004479 


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, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the CIB and the Korea Defense Service Medal (KDSM).

2.  The applicant states Army Regulation 600-8-22 (Military Awards) authorizes award of the CIB for service in Korea on the demilitarized zone (DMZ) and the 2003 National Defense Authorization Act, section 543, authorizes the award of the KDSM.

3.  The applicant does not provide any additional evidence in support of his application.

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 requested award of the CIB based on his service on the DMZ in Korea.  Army Regulation 600-8-22 states Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the CIB to the Commander, U.S. Army Human Resources Command (HRC), ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  There is no evidence the applicant has applied to HRC, indicating he has not exhausted his administrative remedy on this issue.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 2 December 1964 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Records show he served in the following overseas areas:

* Korea from 5 June 1965 through 3 June 1966
* Vietnam from 27 October 1966 through 26 October 1967
* Korea from 5 January 1968 through 31 December 1968

5.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 38 (Foreign Service) he was assigned to the following units in Korea:

*	55th Ordnance Company from 23 June 1965 to 30 November 1965
*	Company F, 23rd Infantry, from 1 December 1965 to 31 December 1965
*	55th Ordnance Company from 1 January 1966 to 28 March 1966
*	Company B, 1st Battalion, 17th Infantry, 7th Infantry Division, from 29 March 1966 to 2 May 1966
*	Company E, 702d Maintenance Battalion, from 5 January 1968 to 31 December 1968

b.  item 38 he was assigned to the following units while in Vietnam:

*	Company C, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), from 6 November 1966 to 19 July 1967


*	Company D, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), from 20 July 1967 to 26 October 1967

	c.  item 41 (Awards and Decorations) the:

* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal
* 3 Overseas Service Bars
* Army Good Conduct Medal (1st Award)

6.  On 19 April 1966, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  On 20 April 1966, he reenlisted for a period of 4 years.  He continued to serve until he was honorably released from active duty on 22 May 1970 at the expiration of his term of service.  He completed 5 years, 4 months, and 16 days of total active service.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* 2 Overseas Service Bars
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal (Korea)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This pamphlet shows while the applicant was assigned to:

	a.  the 7th Infantry Division in Korea, his unit cited for award of the Republic of Korea Presidential Unit Citation for the period 17 September 1950 through
27 March 1971 by Department of the Army General Order (DAGO) Number 50, dated 1971.


	b.  the 15th Transportation Battalion in Vietnam, his unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 June 1967 through
19 May 1968 by DAGO Number 28, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969

9.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It 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.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.

	a.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  One overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

	b.  One overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Korea, from 27 June 1950 until 27 July 1954, both dates inclusive.  Credit toward an overseas service bar is authorized for each month of active Federal service as a member of the U.S. Army serving in the designated hostile fire area in Korea from 1 April 1968 until 31 August 1973.  The months of arrival and departure from the hostile fire pay area are counted as whole months.


11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant 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.

2.  The applicant's unit in Korea was cited for award of the Republic of Korea Presidential Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

3.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant served during a qualifying period of service for two overseas service bars for service in Vietnam for the period 27 October 1966 through
26 October 1967 and one overseas service bar for service in Korea for the period 1 April through 31 December 1968.  Therefore, he is entitled to three overseas service bars and correction of his DD Form 214 to show these overseas service bars.

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:

	a.  deleting from his DD Form 214 for the period ending 22 May 1970 the two overseas service bars; and

	b.  adding to his DD Form 214 for the period ending 22 May 1970 the:

*	Korea Defense Service Medal
* Republic of Korea Presidential Unit Citation
*	Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	three overseas service bars




      __________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)                                         AR20130004479



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ABCMR Record of Proceedings (cont)                                         AR20130004479



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