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		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20140000589 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his authorized awards to include the Cold War Medal.

2.  The applicant states he desires to correct his records to show all of his authorized awards.

3.  The applicant provides copies of his DD Forms 214 and a DD Form 215 (Correction to 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 has requested in effect award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, it is not authorized to be shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Therefore this portion of the applicant's request will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 30 December 1963 for a period of 3 years.  He completed his basic training and his advanced individual training as a field communications crewman and was transferred to Korea on 22 May 1964.  On 11 February 1965, he was honorably discharged for the purpose of immediate reenlistment.

4.  On 12 February 1965, he reenlisted for a period of 3 years.  He departed Korea on 22 June 1965 for assignment to Fort Dix.

5.  On 16 December 1965, he was transferred to Germany and remained there until 7 September 1966 when he departed for assignment to Vietnam.

6.  He arrived in Vietnam on 19 October 1966 and served there until 16 October 1967 while assigned to Company D, 227th Aviation Battalion 1st Cavalry Division when he was transferred to Fort Carson, CO where he remained until he was honorably released from active duty (REFRAD) on 14 February 1968.  His       DD Form 214 issued at the time of his REFRAD shows he was awarded the:

* National Defense Service Medal 
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)

7.  On 8 July 2004, a DD Form 215 was issued to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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

	a.  Korea Defense Service Medal (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.

   b. a bronze service star is authorized with the Vietnam Service Medal 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 two campaigns:
   
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

9.  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 unit to which the applicant was assigned was cited for award of the:

* Meritorious Unit Commendation for the period September 1965 through November 1966 by Department of the Army General Order (DAGO)Number 17, dated 1968
* Presidential Unit Citation for the period 26 January through 4 April 1967 by DAGO Number 2, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to awards that are not entered on his DD Form 214 has been noted and found to have merit. 

2.  The applicant served during a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Presidential Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Records show he participated in two campaigns during his service in Vietnam that entitles him to two bonze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze 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 for the period ending 14 February 1968 the Vietnam Service Medal with one bronze service star and adding to his DD Form 214 the:
   
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Presidential Unit Citation



      _________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)                                         AR20140000589





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ABCMR Record of Proceedings (cont)                                         AR20140000589



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