IN THE CASE OF:	  

		BOARD DATE:	    12 November 2013

		DOCKET NUMBER:  AR20130004741 


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 service in Korea and Vietnam.

2.  The applicant states his DD Form 214 does not reflect his service in Korea and Vietnam.

3.  The applicant provides a copy of his DD Form 214.

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 are somewhat incomplete and show he was separated on temporary records.  However, there are sufficient records to show he enlisted in the Regular Army on 4 January 1963 for a period of 3 years and training as a radio relay and carrier attendant.  He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Gordon, Georgia, before being transferred to Korea on 18 June 1963 for assignment to the 304th Signal Battalion.

3.  He departed Korea on or about 18 July 1964 for assignment to Fort Eustis, Virginia, and the 69th Signal Battalion on 26 August 1964.

4.  He departed Fort Eustis with his unit for assignment to Vietnam on 1 November 1965.  He served in Vietnam during one campaign until 27 December 1965 when he was transferred to Oakland Army Base, California, and was honorably released from active duty (REFRAD) as an overseas returnee.

5.  His DD Form 214 shows he was awarded the Army Good Conduct Medal (1st Award).  His DD Form 214 only shows he served overseas in the U.S. Army Pacific theater for 1 month and 26 days

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

7.  Army Regulation 600-8-22 states 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.

8.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  Department of the Army General Orders 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Forms) in effect at the time, served as the authority for preparation of the DD Form 214.  It provided that the total active service performed outside the continental United States would be entered in item 24c (Foreign and/or Sea Service) along with the major command of the last overseas assignment.  A later version of the regulation provided for entering Indochina and Korea service in Item 32 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea for 1 year and 1 month during the period 18 June 1963 to 18 July 1964 and in Vietnam for 1 month and 26 days during the period 1 November 1965 to 27 December 1965.

2.  Accordingly, item 24c of his DD Form 214 should be corrected to show he served 1 year, 2 months, and 26 days of foreign service.  

3.  Also, although not provided for at the time, later versions of the governing regulation provided for entering Indochina and Korea service in Item 32 of the DD Form 214.  There would be no harm to now correct his DD Form 214 by adding the entries "SERVICE IN KOREA FROM 19630618-19640718" and "SERVICE IN VIETNAM FROM 19651101-19651227" as a means of clarifying his foreign service.

4.  Additionally, the applicant served during qualifying periods for award of the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Korea Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be added to his DD Form 214 at this time.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "0  1  26" from item 24c of his DD Form 214
* adding the entry "1  2  26" to item 24c of his DD Form 214
* adding the following awards to his DD Form 214 –

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding the following entries to item 32 of his DD Form 214 –

* "SERVICE IN KOREA FROM 19630618-19640718"
* "SERVICE IN VIETNAM FROM 19651101-19651227"

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130004741



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ABCMR Record of Proceedings (cont)                                         AR20130004741



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