BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005658 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending on 24 April 1967, to add and/or award any awards to which he is entitled.

2.  The applicant states, in effect, he was given medals during his service in Vietnam and they were not listed on his DD Form 214.  

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record), page 3 only
* two pages of information from the internet about the Vietnam War 
* one page excerpt from the internet site Wikipedia 

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 29 June 1962 and held military occupational specialty 211.20 (Ground Radar Mechanic).  His DA Form 20 shows he was assigned to Korea from 26 November 1962 to 1 January 1964.  

3.  He was honorably discharged for immediate reenlistment on 1 April 1964.  His DD Form 214 for the period ending on 1 April 1964 shows in: 

* item 24C (Foreign and/or Sea Service) completion of 1 year, 1 month, and 14 days of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list any awards

4.  He reenlisted on 2 April 1964.  His DA Form 20 shows:

	a.  He qualified expert with the M-14 rifle on 11 May 1965.

	b.  He was assigned to Vietnam from 1 December 1965 to 24 October 1966 and he served with Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry from 24 December 1965 to 24 October 1966.

5.  He was dishonorably discharged on 24 April 1967.  His DD Form 214 for the period ending on 24 April 1967 shows he completed 2 years, 2 months, and 18 days of net active service during the period under review, of which 8 months and 23 days was credited as foreign service, and he had 308 days of lost time.  Additionally, his DD Form 214 did not list any awards in item 26 or credit him with Vietnam service in item 32.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign (8 March 1965- 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

7.  Department of the Army Pamphlet 672–3 (Unit Citation and Campaign Participation Credit Register) shows 1st Squadron, 4th Cavalry was cited for award of the:

* Presidential Unit Citation for the period June 1966 to July 1966, by Department of the Army (DAGO) Number 37, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO Number 21, dated 1969

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified:

	a.  for item 26, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the 
individual's DA Form 20, omitting authorities cited therein; and

	b.  for item 32 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 26 November 1962 to 1 January 1964.  This foreign service is shown in item 24c of his DD Form 214 for the period 29 June 1962 through 1 April 1964.  There was no provision at the time to list the specific country of foreign service on the DD Form 214. 

2.  He reenlisted on 2 April 1964 and he was dishonorably discharged from military service on 24 April 1967; however, his DD Form 214 for the period ending on 24 April 1967 did not list his service in Vietnam or any awards.  

	a.  He previously served during a period qualifying for awards of the National Defense Service Medal and Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add these awards.

	b.  He served in Vietnam 1 December 1965 to 16 July 1966; therefore, he is entitled to correction of his DD Form 214 to add this service in item 32 (Remarks) of his DD Form 214.

	c.  His service in Vietnam met the requirements for award of the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in Vietnam.  Therefore, he is authorized two bronze service stars with his Vietnam Service Medal and correction of his DD Form 214 to show this award.

	d.  His service in Vietnam met the requirements for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

	e.  DAGO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.  

	f.  His DA Form 20 indicates he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to add this badge.  


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 correcting his DD Form 214 for the period ending on 24 April 1967 as follows: 

* Item 26, adding the:

* National Defense Service Medal
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 32, adding the entry "Vietnam – 1 December 1965 to 17 July 1966, Indochina – Yes, Korea – No."



      _______ _   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)                                         AR20140005658





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ABCMR Record of Proceedings (cont)                                         AR20140005658



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