BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004290 


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 Korean Service Ribbon (i.e., Korea Defense Service Medal).  

2.  The applicant states the medal was not added when he left the service.  He served in Korea until 1974. 

3.  The applicant provides his DD Form 214 ending on 15 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 Regular Army staff sergeant who served on active duty through multiple reenlistments in a variety of assignments from 22 October 1969 to 15 May 1982. 

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Germany, from 20 April 1970 to 16 February 1971
* Vietnam, from 28 March 1971 to 10 February 1972
* Vietnam, from 21 September 1972 to 28 March 1973
* Korea, from 22 April 1974 to 21 March 1975
* Germany, from 2 October 1976 to 26 September 1978

4.  He was honorably discharged on 15 May 1982.  His DD Form 214 shows he was awarded or authorized the: 

* Bronze Star Medal
* Army Good Conduct Medal (2nd Award) 
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Republic of Vietnam Cross of Gallantry with Palm 
* 2 overseas service bars

5.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  

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

	c.  The Vietnam Service Medal is awarded to members who meet its criteria.  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, participation credit was awarded for the following four campaigns:

* 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
* Vietnam Ceasefire Campaign, 30 March 1972 - 28 January 1973

6.  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. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from April 1974 to March 1975.  He mistakenly referred to the requested award as the Korea Service Ribbon (or Medal), which is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  He clearly did not serve during the Korean War.  Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it.   

2.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his two tours in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

3.  He served in Vietnam from March 1971 to February 1972 and from September 1972 to March 1973.  This entitles him to three (vice two) overseas service bars and correction of his DD Form 214 to show these 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:

* deleting from his DD Form 214 ending on 15 May 1982 the Vietnam Service Medal and two overseas service bars
* adding to his DD Form 214 ending on 15 May 1982 the: 

* Vietnam Service Medal with four bronze service stars 
* Korea Defense Service Medal
* Three 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)                                         AR20140004290





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ABCMR Record of Proceedings (cont)                                         AR20140004290



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