IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015390 


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. 

2.  The applicant states he served in Korea from 1962 to 1963 and then again in 1978.  He was unaware of this award authorization. 

3.  The applicant provides:

* Permanent Orders (PO) 121-1 awarding him the Joint Service Commendation Medal
* Certificate of Training
* Special Orders (SO) Number 186 awarding him the Expert Infantryman Badge
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 25 April 1967
* DD Form 214, ending on 31 May 1982

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 is a retired command sergeant major (CSM)/E-9 who served in the Regular Army through multiple enlistments or reenlistments between 22 April 1958 and 31 May 1982.  

3.  He completed the following periods of overseas/foreign service and he was credited with 6 overseas tours: 

* Germany, 23 December 1958 to 7 February 1961
* Korea, 24 August 1962 to 6 September 1963
* Vietnam, 4 July 1967 to 3 July 1968, during 4 campaigns
* Vietnam, 14 August 1970 to 11 August 1971, during 2 campaigns
* Hawaii, 6 September 1971 to 8 June 1973
* Korea, 11 September 1978 to 5 September 1979

4.  He retired on 31 May 1982 and he was placed on the Retired List in his retired rank/grade of CSM/E-9 on 1 June 1982.  His retirement DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Expert Infantryman Badge
* Drill Sergeant Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart
* Vietnam Civil Actions Honor Medal First Class with oak leaf cluster (OLC)
* Army Good Conduct Medal (6th Award)
* Silver Star
* Meritorious Service Medal
* Vietnam Cross of Gallantry with Palm/Bronze Star (3rd OLC)
* Army Commendation Medal (5th OLC)
* Presidential Unit Citation (Korea)
* Army Service Ribbon
* Overseas Service Ribbon
* NCO Professional Development Ribbon with Numeral 5

5.  SO Number 186, issued by Headquarters, 7th Infantry Division, on 19 July 1963, awarded him the Expert Infantryman Badge. 

6.  General Orders (GO) Number 3736, issued by Headquarters, 25th Infantry Division, on 19 September 1967, awarded him the Bronze Star Medal with "V" Device for heroism on 4 September 1967. 

7.  GO Number 4441, issued by Headquarters, 25th Infantry Division, on 19 June 1968, awarded him the Bronze Star Medal for meritorious service. 

8.  GO Number 4581, issued by Headquarters, 25th Infantry Division, on 25 June 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 6 December 1967. 

9.  GO Number 2954, issued by Headquarters, U.S. Military Assistance Command Vietnam, on 17 July 1971 awarded him the Bronze Star Medal 
(3rd OLC) for meritorious service. 

10.  PO 121-1, issued by U.S. Forces Korea, Eighth U.S. Army, on 24 August 1979 awarded him the Joint Service Commendation Medal. 

11.  PO Number 73-40, issued by Headquarters, 5th Infantry Division, Fort Polk, LA, on 27 April 1982, awarded him the Army Good Conduct Medal (7th Award).

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	c.  Appendix B lists the Vietnam campaigns and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.
DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Joint Service Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show this award. 

2.  GO awarded the applicant four awards of the Bronze Star Medal, two with a "V" Device for heroism, none of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (4th Award) and "V" Device. 

3.  The applicant was awarded seven awards of the Army Good Conduct Medal.  Only six are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show all seven awards. 

4.  The applicant received overseas credit for completing six overseas service tours and he had an active status after 1 August 1981.  Therefore, he is entitled to correction of his DD Form 214 to show six awards of the Overseas Service Ribbon. 

5.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:

* deleting from his DD Form 214, ending on 31 May 1982, the Overseas Service Ribbon, Vietnam Service Medal, and Army Good Conduct Medal (6th Award) 
* adding to his DD Form 214, ending on 31 May 1982, the: 

* Joint Service Commendation Medal
* Bronze Star Medal (4th Award) and "V" Device 
* Army Good Conduct Medal (7th Award)
* Overseas Service Ribbon (6th Award)
* Korea Defense Service Medal
* Vietnam Service Medal with one silver and one bronze service star



      ____________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)                                         AR20130015390





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ABCMR Record of Proceedings (cont)                                         AR20130015390



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