IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015523 


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 4 December 1974 to show two tours of duty in Vietnam, one tour in Korea, and that he was awarded or authorized the:

* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Korea Defense Service Medal (KDSM)
* Republic of Vietnam Campaign Medal with Device (1960) (VCM) 
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states he did not previously notice these items were missing from his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 4 December 1974 and page 2 of his DA Form 20 (Enlisted Qualification Record).

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.  On 29 June 1966, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty after completion of 2 years of active service.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* NDSM
* AGCM
* VCM
* VSM with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1st Class Gunner (now called Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)

3.  On 21 October 1970, he enlisted in the Regular Army (RA).  On 23 December 1970, he reenlisted in the RA.  

4.  His DA Forms 20 show in: 

* item 31 (Foreign Service) he was credited with service in – 

* Vietnam from 8 December 1966 to 8 December 1967
* Hawaii from 23 October 1970 to 14 February 1971
* Vietnam from 14 February 1971 to 19 January 1972
* Korea from 20 October 1972 to 9 November 1973

* item 38 (Record of Assignments) – 

* he was assigned to U.S. Army Signal Security Force, performing duties as a rifleman during the period 15 December 1966 to 24 August 1967
* he was assigned to 194th Military Police Company (Physical Security), performing duties as a security guard during the period 25 August 1967 to 7 December 1967
* he was assigned to Company B, 1st Battalion, 31st Infantry Regiment, in Korea during the period 20 October 1972 to 9 December 1973  
5.  On 4 December 1974, he was honorably discharged in the rank of sergeant/pay grade E-5.  The DD Form 214 he was issued, as corrected by a DD Form 215 (Correction to DD Form 214), shows in:

* item 18a (Net Active Service This Period) - 3 years, 11 months, and 12 days
* item 19 (Indochina or Korea Service Since August 5, 1964) - Yes, "14 Feb 71 - 19 Jan 72"
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - NDSM, Combat Infantryman Badge, and Air Medal
* item 27 (Remarks) "Item 18f [Foreign and/or Sea Service This Period] – Korea"

6.  His records are void of weapons qualifications data for the period of active service ending on 4 December 1974.

7.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

8.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is awarded in place of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)
* Consolidation II (1 December 1971-29 March 1972)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 194th Military Police Company was awarded the Meritorious Unit Commendation for the period 1 August 1967 through 31 October 1969 by Department of the Army General Orders (DAGO) Number 48, dated 1971.
11.  This pamphlet further states in paragraph 6d that 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.

12.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.

   a.  The version of this regulation in effect in 1968 did not provide for an entry specifying an individual had served in Vietnam.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the Remarks section of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."
   
   b.  The version of this regulation in effect in December 1974 stated for Vietnam service place an "x" in the "yes" block in item 19 and show specific dates of service.  It also stated to enter the country in which the last period of overseas service was performed in item 27.
   
   c.  The version of this regulation in effect in December 1974 stated item 26 covered the entire Army service.

DISCUSSION AND CONCLUSIONS:

1.  His record shows his service met the criteria for award of the KDSM.  Therefore, he is entitled to have the KDSM added to his DD Form 214 for the period ending 4 December 1974.

2.  Regulatory policy in effect at the time provided for entering all decorations, medals, badges, citations, and campaign ribbons awarded or authorized on the DD Form 214 being prepared.  Therefore, he is entitled to have the AGCM and NDSM added to his DD Form 214 for the period ending 4 December 1974.

3.  He was awarded the VSM and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with one silver service star.

4.  A unit he was assigned to while in Vietnam was awarded the Meritorious Unit Commendation during his period of assignment to that unit.  Therefore, it would be appropriate to show this unit award on his DD Form 214 for the period ending 28 June 1968 and his DD Form 214 for the period ending 4 December 1974.

5.  All units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation during his service in Vietnam.  Therefore, his DD Form 214 for the period 28 June 1968 and for the period ending 4 December 1974 should be corrected to show this unit award.

6.  In accordance with the regulation governing preparation of the DD Form 214 in effect at the time his DD Form 214 was prepared for his active duty service ending 4 December 1974, item 19 reflects that he served in Vietnam from 4 February 1971 - 19 January 1972.  Item 27 shows his last overseas service was performed in Korea.  As such, there is no error in this regard on his DD Form 214.  However, there would be no harm in amending the entry in item 19 to show "Vietnam – 14 Feb 71 - 19 Jan 72."

7.  When the applicant was released from active duty in 1968, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam.  Further, overseas service will only be entered on the DD Form 214 covering that period of service.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the form.  Therefore, it would not be appropriate to show his first tour in Vietnam on his latest DD Form 214.  However, there would be no harm in adding to item 30 of his DD Form 214 for the period ending 28 June 1968 the entry:  "Vietnam - 8 December 1966 - 8 December 1967." 

8.  His record is void of any weapons qualification data for his period of active duty ending on 4 December 1974.  As an infantryman he would most likely have fired various weapons for qualification on multiple occasions during his last period of active duty.  Therefore, absent evidence of current qualification badge authorization it would not be appropriate to add the requested qualification badges to his DD Form 214 for the period ending 4 December 1974.

9.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

	a.  amending his DD Form 214 for the period ending 4 December 1974 as follows:

		(1) amending item 19 to show:  "Vietnam – 14 Feb 71 - 19 Jan 72" and 

		(2) adding the following awards to item 26:

* AGCM
* VCM
* VSM with one silver service star
* KDSM
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  amending his DD Form 214 for the period ending 28 June 1968 as follows:

		(1) adding the following awards to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized);

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

		(2) adding the following entry to item 30 of his DD Form 214 for the period ending 28 June 1968:  "Vietnam – 8 December 1966 - 8 December 1967."


2.  The Board further determined 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 adding the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 for the period ending 4 December 1974.

      _______ _   _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)                                         AR20130015523



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ABCMR Record of Proceedings (cont)                                         AR20130015523



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