IN THE CASE OF:  MATA, QUIRINO JR.	  

		BOARD DATE:  23 October 2014	  

		DOCKET NUMBER:  AR20140005373 


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 that the Korea Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states the requested medals are missing from his DD Form 214. 

3.  The applicant provides a copy 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 enlisted in the Regular Army on 19 March 1964.  He completed training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.  On 21 December 1966, he was honorably released from active duty.  He was credited with 2 years, 9 months, 3 days of active duty.

3.  His DA Form 20 shows in item 31 (Foreign Service):

* Service in Korea for the period 5 August 1964 through 19 August 1965 assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division

* Service in Vietnam for the period 15 December 1965 through
18 December 1966 assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal
* Vietnam Service Medal (VSM)
* Two overseas service bars
* Marksman Marksmanship Qualification Badge the rifle bar (M-14)
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Good Conduct Medal

5.  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 area of eligibility encompasses all land area of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

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

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following three campaigns:

* Vietnam Defense Campaign (8 March 1965-24 December 1965) 
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

9.  Headquarters, 1st Armored Division (Old Ironsides), Special Orders 276 awarded him the Expert Marksman Marksmanship Qualification Badge with rifle bar (M-14).

10.  Headquarters, 1st Armored Division (Old Ironsides), Special Orders 278 awarded him the Sharpshooter Marksmanship Qualification Badge with pistol bar (.45 caliber).

DISCUSSION AND CONCLUSIONS:

1.  His records show he served in Korea for more than a year.  Based on his service in Korea, he is eligible for award of the KDSM.  It would be appropriate to correct his DD Form 214 to show this award.

2.  Orders shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  Orders awarded him the Expert Marksman Marksmanship Qualification Badge with rifle bar (M-14) and orders awarded him the Sharpshooter Marksmanship Qualification Badge with pistol bar (.45 caliber).  Therefore, his DD Form 214 should be corrected to show to show these marksmanship qualification badges.

4.  The applicant was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these three 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:
 
a. deleting from his DD Form 214 the VSM;

b. adding to his DD Form 214 the:

* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with rifle bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with pistol bar
 (.45 caliber)
* Vietnam Service Medal with three bronze service stars 



      _______ _   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)                                         AR20140005373



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ABCMR Record of Proceedings (cont)                                         AR20140005373



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