IN THE CASE OF:	

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140002839 


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 retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1973 to show all of his ribbons and medals.

2.  He states his DD Form 214 issued at separation did not include a correct entry of ribbons and medals.

3.  He provides page 4 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.  The applicant was inducted into the Army of the United States (AUS) on 14 October 1952 and he was honorably discharged on 13 October 1954.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) issued for this period shows award of the National Defense Service Medal.  

3.  He enlisted in the Regular Army (RA) on 14 October 1954 and he was honorably discharged on 13 October 1957 at his expiration of term of service.  The DD Form 214 issued for this period shows award of the Army Good Conduct Medal.

4.  On 14 October 1957, he reenlisted for a period of 3 years.  He was assigned to the 6th Medical Depot in Korea on 5 February 1959.  He was honorably discharged on 11 November 1959 for immediate reenlistment.  The DD Form 214 issued for this period shows award of the National Defense Service Medal, Army Good Conduct Medal with 2 loops (indicating second award), Marksman Marksmanship Qualification Badge with “Rifle” (i.e., Carbine) Bar (M-1), two Letters of Appreciation, and Certificate of Achievement.

5.  On 12 November 1959, he reenlisted for a period of 6 years.  He departed Korea on 25 January 1960 and he served in Japan from 26 January 1960 to 16 July 1963.  He was reassigned to Korea on 31 May 1965.  

6.  He was honorably discharged on 11 November 1965 for the purpose of immediate reenlistment.  The DD Form 214 issued for this period shows award of the Army Good Conduct Medal (3rd Award) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  On 12 November 1965, he reenlisted for a period of 6 years.  He departed Korea on 31 May 1966.  He served in Vietnam from 3 July 1969 to 30 June 1970 and was assigned to the U.S. Army Logistics Assistance Office. 

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows the entries for award of the National Defense Service Medal, Army Good Conduct Medal (6th Award), Army Commendation Medal and Army Commendation Medal (1st Oak Leaf Cluster), Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Vietnam Service Medal, Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

9.  He was honorably discharged on 4 November 1971 for the purpose of immediate reenlistment.  The DD Form 214 issued for this period shows award of the Army Good Conduct Medal (5th and 6th Award), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Bronze Star Medal.

10,  He reenlisted on 5 November 1971.  He continued to serve on active duty until he was retired on 31 May 1973 and he was placed on the retired list on the following date.  His retirement DD Form 214 shows award of the Army Commendation Medal with two oak leaf clusters.  

11.  Army Regulation 635-5 (Separation Documents) in effect at the time states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

12.  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 U.S. Army Logistics Assistance Office was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 through 25 May 1970 by Department of the Army General Orders Number 48, dated 1971.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  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.  Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:  Vietnam Summer - Fall 1969 (9 June - 31 October 1969), Vietnam Winter - Spring 1970 (November 1969 - 30 April 1970), and Sanctuary Counteroffensive ( May - 30 June 1970).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 issued at separation did not include a correct entry of ribbons and medals is acknowledged and determined to have merit.


2.  The evidence of the record shows the applicant was inducted into the AUS on 14 October 1952 and he continued to serve on active duty through a series reenlistments until he was retired on 31 May 1973.  During these periods of service, he was awarded and authorized award of the:

* Bronze Star Medal
* Army Commendation Medal (2nd Oak Leaf Cluster)
* National Defense Service Medal
* Army Good Conduct Medal (6th Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) (M-16)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1)
* two Overseas Service Bars
* two Letters of Appreciation
* Certificate of Achievement

3.  The applicant's retirement DD Form 214 does not list all of his awards and decorations for all periods of service.  Based on the regulation in effect at the time of his retirement on 31 May 1973, Letters of Appreciation and Certificates of Achievement were not authorized to be recorded on the DD Form 214.

4.  The applicant's DD Form 214 for the period ending 4 November 1971 shows he was awarded the Vietnam Service Medal.  However, he participated in three campaign phases during the Vietnam Conflict.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of service in Vietnam.  The applicant's unit was also cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his retirement DD Form 214 should be corrected to show these awards.

6.  Therefore, it would be appropriate to amend his retirement DD Form 214 to add the following awards:

* Bronze Star Medal
* National Defense Service Medal
* Army Good Conduct Medal (6th Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) (M-16)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1)
* two Overseas Service Bars

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 amending his DD Form 214 for the period ending 31 May 1973 to add award of the:

* Bronze Star Medal
* National Defense Service Medal
* Army Good Conduct Medal (6th Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) (M-16)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1)
* two Overseas Service Bars




      _______ _   __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)                                         AR20140002839





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ABCMR Record of Proceedings (cont)                                         AR20140002839



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