IN THE CASE OF:    

		BOARD DATE:  20 January 2015	  

		DOCKET NUMBER:  AR20140008672 


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) to show his service in the Republic of Vietnam (RVN) and the Republic of Korea (ROK), and an I Corps Certificate of Achievement (COA).

2.  The applicant states the documents that he provides show that he served in the RVN and the ROK.

3.  The applicant provides copies of a reassignment order, two travel documents, I Corps (Group) COA, and his 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 was inducted on 30 June 1966.  He was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 29 (Qualification in Arms) –

* Sharpshooter Marksmanship Qualification Bdge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar

* item 31 (Foreign Service), he served in –

* Vietnam from 31 May 1967 through 18 July 1967
* Korea from 19 July 1967 through 25 May 1968

* item 38 (Record of Assignments) –

* Battery C, 2nd Battalion, 35th Artillery, U.S. Army Pacific, from
3 June 1967 through 17 July 1967
* Battery A, 6th Battalion, 12th Artillery, 8th U.S. Army, from 24 July 1967 through 24 May 1968

* item 41 (Awards and Decorations), does not list the COA

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 10 months, and 29 days of net active duty service this period.  It also shows in –

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
 
* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

* item 30 (Remarks), no entry for service in the RVN or ROK


5.  In support of his application the applicant provides the following documents.

   a.  Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, OK, Special Orders Number 84, dated 12 April 1967, that reassigned the applicant to the U.S. Army Overseas Replacement Station, Oakland, CA, on 28 May 1967 for assignment to the U.S. Army Vietnam Transient Detachment and for further assignment to the 54th Artillery Group.

   b.  Two DD Forms 1351-2 (Travel Vouchers or Subvouchers) that show the applicant departed –

* Fort Sill, OK on 25 April 1967 and arrived in Bien Hoa, RVN on 
   3 June 1967
* departed Bien Hoa, RVN on 18 July 1967 and arrived at Kimpo Air Force Base, ROK on 21 July 1967

   c.  An I Corps (Group) COA, that recognized the applicant for his meritorious performance as Section Chief, Fire Direction Center, Battery A, 6th Battalion, 12th Artillery, from 25 July 1967 to 5 April 1968.

6.  A review of the applicant's military personnel record shows evidence that he may be authorized additional awards and decorations.

7.  Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, Special Orders Number 98, dated 24 April 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.  It also shows –

* Battery C, 2nd Battalion, 35th Artillery, was cited for award of the –
 
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 in Department of the Army General Orders (DAGO) Number 21, 1969, as amended by DAGO Number 38, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 February 1967 through 14 April 1970 in DAGO Number 53,dated 1970

* 2nd Battalion, 35th Artillery, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period 23 June 1966 through 15 January 1971 in DAGO Number 51, 1971

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal (VSM) 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

   c.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.
   
    	(1)  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.

	 	(2)  Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Korea from 1 October 1966 to 30 June 1974.

	d.  The Korea Defense Service Medal (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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  The Military Awards regulation fails to show that a COA is categorized as an authorized award for entry on the DD Form 214.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.

   a.  It also established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  

   b.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam Service:  29 May 1970 through 28 May 1971, Indochina – yes, Korea – no."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and ROK and his authorized awards.

2.  Records show the applicant was credited with service in Vietnam from
31 May 1967 through 18 July 1967 and service in Korea from 19 July 1967 through 25 May 1968.  Although it was not until March 1972 that Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in Vietnam and Korea to his DD Form 214.  Thus, it would be appropriate at this time to show this overseas service in item 30 of his DD Form 214.

3.  The evidence of record shows:

	a.  The applicant qualified for award of the VSM and he participated in two campaigns during his service in the RVN.  Thus, he is entitled to award of the VSM with two bronze service stars.

	b.  He qualified for award AFEM and the KDSM based on his service in the ROK.


	c.  General orders awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation.  General orders also awarded his Battery and Battalion the RVN Gallantry Cross with Palm Unit Citation; however, the two awards were overlapping (i.e., they covered the same period of time).  Thus, he is entitled to correction of his records to show the RVN Civil Actions Honor Medal First Class Unit Citation and one award of the RVN Gallantry Cross with Palm Unit Citation.

   d.  The applicant was awarded the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  The Military Awards regulation fails to show that a COA is an authorized entry on the DD Form 214.  Therefore, the applicant is not entitled to correction of item 24 of his DD Form 214 to show the I Corps (Group) COA.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and ROK, and his awards and decorations, as recommended below.

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:

   a.  adding to item 24 of his DD Form 214 the –

* Vietnam Service Medal with 2 Bronze Service Stars
* Armed Forces Expeditionary Medal (Korea)
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
   b.  adding to item 30 of his DD Form 214 the entry – "Vietnam Service:  
29 May 1970 through 28 May 1971, Indochina – yes, Korea – Yes”

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 the I Corps (Group) Certificate of Achievement.



      _______ _   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)                                         AR20140008672



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ABCMR Record of Proceedings (cont)                                         AR20140008672



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