BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140005755 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Army Commendation Medal (ARCOM), Korea Defense Service Medal (KDSM), and the Korean Expeditionary Medal.

2.  The applicant states, in effect, that he was awarded the ARCOM and is entitled to awards of the KDSM and the Korean Expeditionary Medal.

3.  The applicant provides a copy of his ARCOM Certificate and 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 enlisted in the Regular Army on 24 September 1968 for a period of 3 years.  He completed his training and was transferred to Korea on 
19 February 1969.  He departed Korea on 13 March 1970 for assignment to Fort Eustis, VA.

3.  On 1 February 1971, he was transferred to Vietnam for assignment to the 67th Engineer Battalion and served there in two campaigns until 17 September 1971 when he was honorably released from active duty (REFRAD) on 
18 September 1971 as an overseas returnee.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and Armed Forces Expeditionary Medal (Korea).

4.  General Orders Number 714 issued by Headquarters, U.S. Army Engineer Command, Vietnam on 26 June 1971 awarded the applicant the ARCOM for meritorious service during the period 12 September 1970 to 15 September 1971.

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

6. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

7.  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 applicant’s unit was cited for award of the Meritorious Unit Commendation for the period 1 March 1970 to 28 February 1971 by Department of the Army General Order (DAGO) Number 43 dated 1972.

8.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service that are contained in Army Regulation 600-8-22.  The Korean Expeditionary Medal is not listed in that regulation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM for meritorious service in Vietnam and is entitled to have that award added to his DD Form 214.

2.  The applicant served during a qualifying period for award of the KDSM and is entitled to have that award added to his DD Form 214.

3.  The applicant served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  The applicant’s unit was awarded the Meritorious Unit Commendation during the period he served with the unit; therefore, he is entitled to have that award added to his DD Form 214.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled correction of his DD Form 214 to show this award.

6.  However, the award of the Korean Expeditionary Medal is not an authorized award and therefore cannot be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the award of the Vietnam Service Medal 
* Adding to his DD Form 214 the Vietnam Service Medal with two bronze service stars, ARCOM, KDSM, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the Korean Expeditionary Medal to his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140005755





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ABCMR Record of Proceedings (cont)                                         AR20140005755



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