IN THE CASE OF:. 

		BOARD DATE:	    10 April 2014

		DOCKET NUMBER:  AR20130012068 


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 (Report of Separation from Active Duty) for the period ending 30 November 1976 to show award of the:

* Bronze Star Medal with "V" Device with 3 oak leaf clusters
* Republic of Korea Presidential Unit Citation
* Republic of Korea War Service Medal
* Glider Badge

2.  The applicant states:

* the personnel clerk missed the correct number of Bronze Star Medal awards as well as the Korean Presidential Unit Citation
* he was awarded the Republic of Korea War Service Medal by the government of Korea but never received any orders
* he completed the Basic Parachute Training Course at Fort Benning, GA, on 12 March 1947 but was never awarded the Glider Badge
* his DD Form 214 was prepared while he was undergoing a medical evaluation board at Fort Gordon, GA, and he failed to notice the errors when he signed the form
* he discovered the errors when he applied for Combat Related Special Compensation

3.  The applicant provides:

* DD Form 214 for the period ending 30 November 1976
* Department of the Army General Orders (DAGO) Number 22, dated 28 January 1954
* General Orders Number 208, Headquarters, United States Military Assistance Command, Vietnam, dated 11 February 1966
* General Orders Number 715, Headquarters, United States Army Vietnam, dated 22 September 1965
* General Orders Number 291, Headquarters, United States Army, John F. Kennedy Center for Military Assistance, Fort Bragg, NC, dated 27 July 1973
* General Orders Number 1122, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 20 June 1970
* Basic Parachute Training Course Certificate
* self-authored jump log

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 enlisted in the Regular Army on 22 August 1946.

3.  On 12 March 1947, the applicant successfully completed the Basic Parachute Training Course.

4.  The applicant's DA Form 24 (Service Record) shows in Section 9 (Medals, Decorations, and Citations) he was awarded the:

* World War II Victory Medal
* Parachutist Badge
* Senior Parachutist Badge
* Combat Infantryman Badge
* Korean Service Medal
* United Nations Service Medal


* National Defense Service Medal
* Bronze Star Medal

5.  On 23 August 1949, the applicant was honorably discharged.  His DD Form 214 for this period of service shows award of the World War II Victory Medal.

6.  On 3 November 1949, the applicant again enlisted in the Regular Army. 

7.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Korea during the period 4 April 1953 through 17 March 1954.

8.  Department of the Army General Order Number 29, dated 26 April 1954, awarded the Republic of Korea Presidential Unit Citation to the 8420th Army Unit for the period 10 June 1953 to 14 June 1953.  The applicant was assigned to this unit during the period 4 April 1953 to 23 September 1953.

9.  On 3 November 1955, he was honorably discharged and he immediately reenlisted on 4 November 1955.  His DD Form 214 for the period ending 3 November 1955 shows award of the:

* Senior Parachutist Badge
* Combat Infantryman Badge
* United Nations Service Medal
* Korean Service Medal with 1 bronze service star
* National Defense Service Medal
* Bronze Star Medal

10.  On 3 November 1961, the applicant was honorably discharged and he immediately reenlisted on 4 November 1961.  His DD Form 214 for the period ending 3 November 1961 shows award of the:

* Master Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

11.  He was assigned to duty in Vietnam during the following periods:

* 17 January 1963 through March 1965, Company C, 1st Special Forces Group (Airborne), 1st Special Forces
* 16 December 1969 through 13 December 1970, Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces

12.  On 3 November 1964, the applicant was honorably discharged and he immediately reenlisted on 4 November 1964.  His DD Form 214 for the period ending 3 November 1964 shows award of the:

* Expert Marksmanship Qualification Badge with Carbine Bar
* Armed Forces Expeditionary Medal
* Combat Infantryman Badge (2nd Award)
* Army Good Conduct Medal (3rd Award)
* Sharpshooter Marksmanship Qualification Badge (M-14)
* Letter of Commendation

13.  On 3 November 1967, the applicant was honorably discharged and he immediately reenlisted on 4 November 1967.  His DD Form 214 for the period ending 3 November 1967 shows award of the:

* Purple Heart
* Bronze Star Medal with "V" Device and 2 oak leaf clusters
* Air Medal
* Armed Forces Expeditionary Medal
* National Defense Service Medal with 1 oak leaf cluster
* Republic of Vietnam Gallantry Cross with Silver Star
* Army Good Conduct Medal (4th Award)
* Republic of Vietnam Campaign Medal with Device (1960)

14.  On 3 November 1970, the applicant was honorably discharged and he immediately reenlisted on 4 November 1970.  His DD Form 214 for the period ending 3 November 1970 shows award of the:

* Army Commendation Medal
* Army Good Conduct Medal (5th Award)
* Bronze Star Medal with 3rd oak leaf cluster

15.  On 3 November 1973, the applicant was honorably discharged and he immediately reenlisted on 4 November 1973.  His DD Form 214 for the period ending 3 November 1973 shows award of the:

* Legion of Merit
* Army Good Conduct Medal (6th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

16.  On 30 November 1976, the applicant was retired.  His DD Form 214 for the period ending 30 November 1976 shows award of the:

* National Defense Service Medal with 1 oak leaf cluster
* Master Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Silver Star
* Combat Infantryman Badge (2nd Award)
* Air Medal
* World War II Victory Medal
* Vietnam Jump Wings
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (10th Award)
* Korean Service Medal with 1 bronze service star
* Legion of Merit
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* United Nations Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Commendation Medal
* Purple Heart
* Presidential Unit Citation

17.  A review of the units to which the applicant was assigned fails to show any of the units were awarded the U.S. Presidential Unit Citation.

18.  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.  This regulation states:

	a.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with five campaigns:

* Vietnam Advisory Campaign (15 March 1962 – 7 March 1965)
* Vietnam Defense Campaign (8 March 1965 – 24 December 1965)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

	b.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	c.  Effective 3 May 1961, the Glider Badge was no longer issued.  It may be awarded retroactively upon application to the U.S. Army Human Resources Command when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander. 

19.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time the applicant retired stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests award of the Glider Badge, his records show and he provides a certificate showing he completed the Basic Parachute Training Course and was awarded the Parachutist Badge.  The available records are void of evidence showing he satisfactorily completed proficiency tests or that he completed a combat glider landing.  Therefore, there is an insufficient basis for adding the Glider Badge to his final DD Form 214.

2.  General orders awarded the unit to which the applicant was assigned while in Korea the Republic of Korea Presidential Unit Citation.  However, his DD Form 214 ending 30 November 1976 shows award of the Presidential Unit Citation.  Further, there is no evidence of any other award of the Presidential Unit Citation to the units he was assigned.  Therefore, he is entitled to correction of this DD Form 214 to correctly show the Republic of Korea Presidential Unit Citation.

3.  The applicant's participation in five campaigns during his service in Vietnam entitles him to one silver service star for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 30 November 1976 should be corrected to show this silver service star.
4.  The applicant served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 ending 30 November 1976 to show this award.

5.  The regulation in effect at the time of the applicant's retirement stated that the DD Form 214 covered awards for the entire Army service.  Therefore, the applicant is entitled to have all awards and decorations shown on his final DD Form 214.

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 amending his DD Form 214 ending 30 November 1976 as follows:

a. Deleting the following:

*	Vietnam Service Medal
*	Bronze Star Medal with "V" Device
*	Presidential Unit Citation

b. Adding the following:

*	1 silver service star to his previously-awarded Vietnam Service Medal
*	Bronze Star Medal with "V" Device and 3 oak leaf clusters
*	Republic of Korea Presidential Unit Citation
*	Republic of Korea War Service Medal


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 award of the Glider Badge.



      ______ _   _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)                                         AR20130012068



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ABCMR Record of Proceedings (cont)                                         AR20130012068



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