IN THE CASE OF:  	  

		BOARD DATE:  30 December 2014	  

		DOCKET NUMBER:  AR20140006823 


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 (Armed Forces of the United States Report of Transfer or Discharge), ending on 8 November 1966, to show his service in Korea and Vietnam as well as awards of the: 

* National Defense Service Medal
* Korean Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* United Nations Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Bronze Star Medal

2.  The applicant states his retirement DD Form 214 does not reflect his service in Korea and Vietnam or the listed awards. 

3.  The applicant provides his separation documents throughout his service and a DA Form 1577 (Authorization for Issuance of Awards).

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 retired Regular Army (RA) sergeant first class (SFC) who served in an active duty status from 1 May 1946 to 8 November 1966.  He served through multiple reenlistments in a variety of stateside or overseas assignments. 

3.  He was inducted into the Army of the United States on 1 May 1946 and he was discharged on 28 May 1946 for the purpose of enlistment in the RA.  His 
WD AGO Form 53-55 (Enlisted Record and Report of Separations-Honorable Service) listed the World War II Victory Medal. 

4.  He reenlisted in the RA on 29 May 1946.  He held an infantry military occupational specialty (MOS) and he completed the Basic Airborne Course.  He was subsequently assigned to the 505th Airborne Infantry Regiment, Fort Bragg, NC.  His contemporaneous WD AGO Form 20 (Soldier's Qualification Record) shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Carbine Bar (M-2)

5.  He was honorably discharged on 6 June 1949.  His WD AGO Form 53 (Enlisted Record and Report of Separations-Honorable Service) listed the World War II Victory Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Carbine Bar. 

6.  He reenlisted in the RA on 7 June 1949.  He remained assigned to the 505th Airborne Infantry Regiment, Fort Bragg.  His contemporaneous WD AGO Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and Marksman Marksmanship Qualification Badge with Carbine Bar (M-2). 

7.  He was honorably discharged on 28 July 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded or authorized the World War II Victory Medal, Parachutist Badge/Glider Badge, and Good Conduct Medal.


8.  He reenlisted in the RA on 29 July 1952.  He served in the Far East Command (FECOM) from 1 November 1952 to 31 March 1955; he was assigned to Company G, 187th Airborne Infantry Regiment.  The FECOM was a United States Command between 1 January 1947 and 1 July 1957.  It included Japan, Korea, and other Far East locations. 

9.  Special Orders (SO) Number 193, issued by Headquarters, 187th Regimental Combat Team on 5 August 1953, awarded him the Combat Infantryman Badge for satisfactory performance of duty in ground combat while assigned to Company G, 187th Airborne Infantry Regiment. 

10.  SO Number 73, issued by Headquarters, 187th Regimental Combat Team on 26 March 1954, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. 

11.  He was honorably discharged at Fort Riley, KS, on 28 July 1958.  His 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he:

* completed 2 years and 4 months of foreign service (during this period)
* was awarded/authorized the Army Good Conduct Medal with three bronze loops

12.  He reenlisted in the RA on 29 July 1958.  He served in Germany with the 1st Battle Group, 18th Infantry, from 17 February 1959 to 18 September 1961, and in Vietnam with the U.S. Army Element (USAE), Military Assistance Advisory Group (MAAG) from 20 March 1964 to 17 March 1965.  

13.  He was honorably discharged, in Vietnam, on 1 August 1964 for the purpose of immediate reenlistment.  His DD Form 214 shows he completed 2 years, 11 months, and 14 days of foreign service (during this period) and he was awarded or authorized the Army Good Conduct Medal (4th Award) and the Armed Forces Expeditionary Medal (Vietnam). 

14.  He reenlisted in the RA - in Vietnam - on 2 August 1964.  He continued his service in Vietnam which started on 20 March 1964 to 17 March 1965.  He was assigned to the USAE, MAAG.

15.  General Orders (GO) Number 556, issued by the U.S. Military Assistance Command - Vietnam, on 23 March 1965, awarded him the Bronze Star Medal for meritorious service from March 1964 to March 1965. 

16.  Item 41 (Awards and Decorations) of his contemporaneous DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* Parachutist Badge
* Good Conduct Medal (4th Award)
* United Nations Service Medal
* Korean Service Medal with one silver service star
* Combat Infantryman Badge
* World War II Victory Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar      (106 mm)
* Armed Forces Expeditionary Medal (Vietnam)
* Bronze Star Medal

17.  He retired on 8 November 1966 by reason of disability and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 9 November 1966.  His DD Form 214 shows he completed 7 months and 16 days of foreign service in the U.S. Army Vietnam (USARV) (during this period) and he was awarded or authorized the:

* Bronze Star Medal
* two overseas service bars
* Armed Forces Expeditionary Medal

18.  Army Regulation 600-8-19 (Military Awards) provides for the following awards: 

	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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

	c.  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.  

	d.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

19.  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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

20.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 22f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR [U.S. Army Europe].  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 1 May 1946 to 8 November 1966.  He was issued a separation document for each period of enlistment or reenlistment.  He contends his retirement DD Form 214 is missing several awards as well as his service in Korea and Vietnam.

	a.  With respect to his service in Korea, the exact dates of service in Korea are unknown.  He was assigned to FECOM from 1 November 1952 to 31 March 1955.  His service in Korea is not in question; however, this foreign service is captured in item 24c (Foreign and/or Sea Service) of his DD Form 214 covering the period 29 July 1952 through 28 July 1958.  This foreign service was not completed during the period covered by his retirement DD Form 214 (2 August 1964 to 8 November 1966). 

	b.  With respect to his foreign service in Vietnam from 20 March 1964 to 17 March 1965.  This foreign service occurred during two periods of service and is captured on two different DD Forms 214.  

		(1)  During the period covered by his DD Form 214 from 29 July 1958 to 1 August 1964, he served in Germany from 17 February 1959 to 18 September 1961, a period of 2 years, 7 months, and 1 day.  He also served in Vietnam from 20 March to 1 August 1964 (the date this DD Form 214 ended), a period of 
5 months and 13 days.  His total foreign service during the period covered by this DD Form 214 was 2 years, 11 months, and 14 days which is properly captured in item 24c.  There is no reason to change it.

		(2)  During the period covered by his DD Form 214 from 2 August 1964 to 8 November 1966, he continued his service in Vietnam through 17 March 1965, a period of 7 months and 16 days.  This foreign service, together with the major overseas theater or command - USARV in his case - is correctly captured in item 24c of this DD Form 214.  There is no reason to change it. 

	c.  He served on active duty during two periods of service for which the National Defense Service Medal was authorized.  Therefore, he is entitled to two awards of the National Defense Service Medal and correction of his DD Form 214 ending on 8 November 1966 to show both awards. 

	d.  Although his service in Korea cannot be accurately determined, his DA Form 20 shows he was awarded the Korean Service Medal with one silver service star and the United Nations Service Medal.  Therefore, he is entitled to correction of his DD Form 214 ending on 8 November 1966 to show both awards.

	e.  He served a qualifying period of service in Korea for award of the Republic of Korea War Service Medal.   Therefore, he is entitled to correction of his DD Form 214 ending on 8 November 1966 to show this award.

	f.  He was awarded the World War II Victory Medal, Army Good Conduct Medal (4th Award), Parachutist/Glider Badge, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), Expert Marksmanship Qualification Badge with Carbine Bar (M-2), and Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm).  Therefore, he is entitled to correction of his DD Form 214 ending on 8 November 1966 to show these awards and/or badges. 

	g.  The Bronze Star Medal is already listed on his DD Form 214 ending on 8 November 1966.  No further action is required. 

	h.  He served in Vietnam from 20 March 1964 to 17 March 1965: 

		(1)  Based on this service, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214, ending on 8 November 1966 to show this award. 

		(2)  He was awarded the Armed Forces Expeditionary Medal (Vietnam). Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam. Therefore, unless he specifically requests one in lieu of the other, he is ineligible for award of the Vietnam Service Medal at this time. 

		(3)  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his 
DD Form 214, ending on 8 November 1966 to show this award. 

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 adding to his DD Form 214 ending on 8 November 1966: 

* National Defense Service Medal (2nd Award)
* Korean Service Medal with one silver service star
* Republic of Korea War Service Medal
* United Nations Service Medal
* World War II Victory Medal
* Army Good Conduct Medal (4th Award)
* Parachutist/Glider Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Carbine Bar (M-2)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar     (106 mm)
* Republic of Vietnam Campaign Medal with Device (1960)
* 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:

* Listing his service in Korea and Vietnam on his DD Form 214 ending on 8 November 1966
* Adding the Vietnam Service Medal



      _______ _   _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)                                         AR20140006823



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ABCMR Record of Proceedings (cont)                                         AR20140006823



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