IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20130004488 


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 Korea Defense Service Medal
* the Korean Service Medal
* the Overseas Service Ribbon
* all unit awards he is entitled to for his service in Vietnam

2.  The applicant states his record may be incorrect as he served in Korea from 1964 to 1965.  In addition, his record does not show any unit awards despite him being assigned to the 5th Special Forces Group (SFG) in Vietnam in 1966 to 1967 and 1969 to 1970.  He believes this failure was an oversight as he was being processed for a medical discharge at Fort Sam Houston, TX, in 1990.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and an Officer Record Brief (ORB).

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 had prior enlisted service beginning on 3 December 1957, the applicant was appointed as a second lieutenant in the U.S. Army Reserve on 24 June 1959 with concurrent call to active duty.  He attained the rank/grade of colonel (COL)/O-6 on 9 December 1979.

3.  He was retired by reason of voluntary retirement on 4 September 1990 in the rank of COL and he was transferred to the Retired List.  He completed 32 years, 9 months, and 2 days of creditable active service.

4.  The DD Form 214 he was issued, as corrected by a DD Form 215 dated 22 August 1990, shows he held primary specialty number 18A (SF) for 23 years and 8 months.  It also shows he was awarded or authorized the:

* Silver Star
* Legion of Merit
* Bronze Star Medal (4th Award) and with "V" Device
* Purple Heart (3rd Award)
* Defense Meritorious Service Medal (2nd Award)
* Meritorious Service Medal (2nd Award)
* Air Medal (4th Award) and with "V" Device
* Army Commendation Medal with "V" Device
* Presidential Unit Citation (3rd Award)
* Navy Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 7 bronze service stars [1 silver service star and
2 bronze service stars]
* Armed Forces Expeditionary Medal
* Combat Infantryman Badge
* Master Parachutist Badge
* Ranger Tab
* Special Forces Tab
* Joint Chiefs of Staff Identification Badge


* Republic of Vietnam Gallantry Cross with Silver Star
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Gold Star
* Defense Superior Service Medal

5.  His DD Form 214 does not show the Korea Defense Service Medal, Korean Service Medal, or the Overseas Service Ribbon.

6.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Korea from 1 July 1964 to 14 July 1965
* Vietnam from 25 July 1966 to 2 August 1967
* Vietnam from 21 September 1969 to 22 July 1970
* Germany from 20 August 1980 to 15 May 1984

7.  His ORB, dated February 1990, shows that during his service in Vietnam he was assigned to:

* Company B, 5th SFG, 1st SF, from July to December 1966
* Headquarters and Headquarters Company (HHC), 5th SFG, 1st SF, from December 1966 to August 1967
* Company D, 5th SFG, 1st SF, from September to November 1969
* HHC, 5th SFG, 1st SF, from November 1969 to January 1970
* Detachment B-43, Company D, 5th SFG, 1st SF, from January to July 1970

However, the specific dates he served in each company is unknown.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	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 Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	d.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during the applicant's service in Vietnam the 5th SFG was cited for award of the:

* Presidential Unit Citation, during the period 1 November 1966 to 31 January 1968, by DA General Orders (DAGO) Number 45, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period 1 October 1964 to 17 May 1969, by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, during the period 1 January 1968 to 24 December 1970, by DAGO Number 48, dated 1968
* Navy Meritorious Unit Commendation, during the period 1 January to 31 October 1969, for Company D, 5th SFG, by DAGO Number 11, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms he completed overseas service tours in Korea, Germany, and two tours of service in Vietnam.  As he served on active duty after 1 August 1981, he is entitled to the Overseas Service Ribbon (4th Award) and correction of his DD Form 214 to show this award.

3.  He served during a qualifying period for entitlement to the Army Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.


4.  The 5th SFG was cited for award of the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

5.  With respect to the Korean Service Medal, qualifying service for this medal required service in Korea between 27 June 1950 and 27 July 1954.  Records show he served in Korea after this timeframe; therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 to his DD Form 214 the:

* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

2.  The Board further determined that 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 the award of the Korean 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.
ABCMR Record of Proceedings (cont)                                         AR20130004488



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ABCMR Record of Proceedings (cont)                                         AR20130004488



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