IN THE CASE OF

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130012489 


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, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:

   a. DD Form 214 for the period ending 17 August 1961:

* 1 bronze service star for the Korean Summer-Fall Campaign 53
* Korean Presidential Unit Citation
* Two Overseas Service Bars
* Driver Badge with Driver W-Bar

b. DD Form 214 for the period ending 30 November 1972:

* Two additional bronze service stars for his Vietnam Service Medal
* Two Overseas Service Bars

2.  The applicant states:

* an oversight occurred in the recording of his awards and decorations
* he was in Korea from 15 June 1953 to 19 October 1954 and assigned to Company K, 35th Infantry Regiment; the 25th Military Police Company, 
25th Infantry Division; and the 3rd Military Police Company
* he was also assigned to the 4479-2 Military Police Security Company at North Depot Activity, Romulus, New York, and he was issued Special Order Number 127, dated 27 July 1960
* campaigns were named after his retirement date
* he was assigned to the 611th Ordnance Company, Direct Support/General Support Ammunition, from July 1971 to April 1972 

3.  The applicant provides:

* Five letters exchanged between the applicant and the National Personnel Records Center, St. Louis, MO
* DA Form 20 (Enlisted Qualification Record)
* DA Form 66 (Officer Qualification Record)
* medical record extracts
* Certificate of Military Service
* Special Orders Number 127, issued by U.S. Army Ordnance North Depot Activity, Romulus, New York, dated 27 July 1960
* Three DD Forms 214 for the periods ending 17 August 1961, 31 October 1966, and 30 November 1972
* DD Form 215 (Correction to DD Form 214 issued on 17 August 1961)
* Special Orders Number 95, issued by Headquarters, U.S. Army Support Command, Cam Ranh Bay, date 8 April 1972

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 17 November 1952.

3.  His DA Form 20 shows in:

   a.  Item 31 (Foreign Service) - Army Forces Far East for the period 15 June 1953 through 19 October 1954.



   b.  Item 38 (Record of Assignments):

*	Company K, 35th Infantry Regiment, Korea, 19 July 1953 to March 1954
*	25th Military Police Company, 25th Infantry Division, Korea, March to 6 September 1954
*	3rd Military Police Company, 3rd Infantry Division, 7 September to November 1954
*	U.S. Adjutant General, Camp Fuji, Japan, 11 October 1956 to 14 November 1957
*	212th Military Police Company, Japan, 15 November 1957 to 9 May 1958
*	U.S. Army Support Company, Camp Drake, Japan, 10 May to 21 October 1958

   c.  Item 39 (Campaigns) – Korea Summer-Fall 1953.

   d.  Item 41 (Awards and Decorations), in pertinent part:

*	Korean Service Medal
*	United Nations Service Medal
*	National Defense Service Medal
*	Army Good Conduct Medal (2nd Award)

4.  Department of the Army General Orders (DAGO) Number 24, dated 31 March 1954, awarded the Republic of Korea Presidential Unit Citation to the 35th Infantry Regiment for the period 11 July 1952 through 1 October 1953.

5.  Special Orders Number 127, dated 27 July 1960, awarded the applicant the Drive Badge with Driver-W Bar.

6.  On 17 August 1961, the applicant was honorably discharged for immediate reenlistment on 18 August 1961.  His DD Form 214 for the period ending 17 August 1961 shows in:

* Item 24c (Foreign and/or Sea Service) – 1 year, 11 months, and 1 day (later corrected to 3 years, 3 months, and 6 days)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - Army Good Conduct Medal (2nd Award) and Sharpshooter Marksmanship Qualification Badge with Carbine, Pistol, and Rifle Bars


7.  On 27 June 1963, the applicant was issued a DD Form 215 which corrected the following on his DD Form 214 for the period ending 17 August 1961:

   a.  Changed Item 19c (Date of Entry) to 17 November 1952.
   
   b.  Added to Item 26 the following:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal

8.  On 31 October 1966, the applicant was honorably discharged to accept an appointment as a warrant officer in the Army.  His DD Form 214 for the period ending 31 October 1966 shows award of the:

* Army Good Conduct Medal (4th Award)
* Explosive Ordnance Badge
* National Defense Service Medal with 1 Oak Leaf Cluster

9.  On 1 November 1966, the applicant was appointed as a Reserve warrant officer one.  

10.  His DA Form 66 shows in:

a. Item 17 (Foreign Service):

*	U.S. Army Pacific – Thailand, 25 April 1967 through 10 April 1968
*	U.S. Army Pacific – Vietnam, 6 January 1969 through 3 January 1970 and 15 July 1971 through 16 April 1972

b. Item 18 (Record of Assignments):

*	59th Ordnance Company, Vietnam, 10 January through 15 July 1969
*	33rd Ordnance Company, Vietnam, 16 July through 25 August 1969
*	606th Ordnance Company, Vietnam, 26 August 1969 through 30 January 1970
*	611th Ordnance Company, Vietnam, 20 July 1971 through 11 April 1972

11.  On 30 November 1972, the applicant was honorably discharged and transferred to the U.S. Army Control Group (Retired).  His DD Form 214 for the period ending 30 November 1972 shows in:

   a.  Item 22c (Foreign and/or Sea Service "USARPAC") – 2 years, 8 months, and 16 days.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

*	Vietnam Service Medal
*	Vietnam Campaign Medal with Device (1960)
*	Bronze Star Medal with 1 Oak Leaf Cluster
*	6 Overseas Service Bars
*	Meritorious Unit Commendation
*	Senior Explosive Ordnance Badge
*	Expert Marksmanship Qualification Badge with Rifle Bar

12.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign credits received by units during the Korean War.  The pamphlet shows the 35th Infantry Regiment was credited with participation in one campaign, Korea-Summer 1953, for the period 1 May through 27 July 1953, during the period the applicant served in the unit.

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states 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.  For Korea service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Korea from 27 June 1950 to 28 July 1954.

	b.  For Vietnam service, 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.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

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

	b.  Service stars are worn on campaign and service medals to denote participation in a named campaign.  A silver service star denotes five bronze service stars.

	c.  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.

	d.  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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	e.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following nine campaigns:
   
*	Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969
*	Tet 69 Counteroffensive (23 February 1969 – 8 June 1969
*	Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969
*	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)
*	Consolidation 1 (1 July 1971 – 30 November 1971)
*	Consolidation II (1 December 1971 – 29 March 1972)
*	Vietnam Cease Fire (30 March 1972 – 28 January 1973)

15.  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.

16.  Army Regulation 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Korean Service Medal, the evidence of record shows his unit was credited with participation in one campaign during his service in Korea.  Therefore, he is entitled to award of one bronze service star to be affixed to his previously-awarded Korean Service Medal and correction of his DD Form 214 for the period ending 17 August 1961 to show this campaign credit.

2.  The applicant served a qualifying period of service in Korea for award of two Overseas Service Bars.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 17 August 1961 to show this overseas credit.

3.  The 35th Infantry Regiment, a unit to which the applicant was assigned while in Korea, was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending 17 August 1961 to show this unit award. 

4.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal and the Republic of Korea War Service Medal; therefore, he is entitled to correction of his DD Form 214 for the period ending 17 August 1961 to show these awards.

5.  Special orders awarded the applicant the Driver Badge with Driver W Bar; therefore, he is entitled to correction of his DD Form 214 for the period ending 17 August 1961 to show this badge.

6.  With respect to the applicant's DD Form 214 for the period ending 30 November 1972, the governing regulation stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.  Therefore, he is entitled to have this DD Form 214 corrected to show all of his decorations, service medals, campaign credits, and badges listed on his previous DD Forms 214.

7.  The applicant participated in 9 campaigns while assigned in Vietnam; therefore, he is entitled to correction of his DD Form 214 for the period ending 30 November 1972 to show 1 silver service star and 4 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

8.  General orders awarded Headquarters, U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973; therefore, he is entitled to correction of his DD Form 214 for the period ending 30 November 1972 to show this unit 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:

   a.  adding the following to his DD Form 214 for the period ending 17 August 1961:
   
* one bronze service star to be affixed to his previously-awarded Korean Service Medal
* Republic of Korea Presidential Unit Citation
* Korea Defense Service Medal
* Republic of Korea War Service Medal
* Driver Badge with Driver W Bar
* two Overseas Service Bars

   b.  adding the following to his DD Form 214 for the period ending 30 November 1972:
   
* Korean Service Medal with 1 bronze service star
* Korea Defense Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation
* Driver Badge with Driver W Bar
* United Nations Service Medal
* National Defense Service Medal with 1 bronze service star
* Army Good Conduct Medal (4th Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 1 silver service star and 4 bronze service stars to be affixed to his previously-awarded Vietnam 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)                                         AR20130012489



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ABCMR Record of Proceedings (cont)                                         AR20130012489



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