BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140010063 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal and the Career Counselor Badge.

2.  The applicant states he served in the Republic of Korea with the 44th Engineer Battalion from January 1980 to January 1981.  He also contends that he was the battalion career counselor for the 54th Engineer Battalion in 1972 and 1973.

3.  The applicant provides a copy of his DD Form 214 ending on 30 June 1987.

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.  On 14 September 1964, the applicant enlisted in the Regular Army.  He served through several enlistments and attained the rank of command sergeant major, pay grade E-9.  He retired on 30 June 1987.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in the Republic of Vietnam (RVN) in military occupational specialty (MOS) 12B (Combat Engineer) with C Company, 168th Engineer Combat Battalion from 19 September 1969 to 29 March 1970;

	b.  he served in the RVN in MOS 12B with A Company, 31st Engineer Battalion from 30 March to 14 September 1970; and

	c.  he completed the Career Counselor Course in 1972 and served as the career counselor (MOS 00E4O) for the 54th Engineer Battalion in the Federal Republic of Germany from 30 June 1972 to 27 October 1973.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Korea from 11 January 1980 to 6 January 1981.

5.  The applicant's last DD Form 214 ending on 30 June 1987 shows his awards as:

* Army Service Ribbon
* Army Commendation Medal with Oak Leaf Cluster
* Overseas Service Ribbon with Numeral 2
* Army Good Conduct Medal (7 awards)
* “Combat Achievement Medal”
* National Defense Service Medal
* Vietnam Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 5
* U.S. Army Gold Recruiter Badge with 3 Sapphire Achievement Stars
* Meritorious Service Medal with 3 Oak Leaf Clusters
* Expert Marksmanship Qualification Badge with Rifle Bar

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

	a.  The Career Counselor Badge may be authorized for wear by enlisted personnel assigned to authorized duty positions which requires MOS 00E.  The award is retroactive to 1 January 1972.  Permanent wear of the badge is authorized for Soldiers who successfully completed formal resident training and served 12 months in a corresponding primary duty position.
	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 RVN Campaign Medal with 1960 Device 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.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the following four campaign periods: the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 168th Engineer Combat Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  The 31st Engineer Battalion was cited in DAGO Number 43, dated in 1972, for award of the Valorous Unit Award.

8.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam 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 were authorized this medal for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Korea Defense Service Medal and the Career Counselor Badge.

2.  The available evidence of record shows that the applicant completed the required training and served in a primary duty position corresponding to the requirements for award of the Career Counselor Badge.  Therefore, he was authorized this badge and it should be shown on his DD Form 214.
3.  The available evidence shows that the applicant served a qualifying tour of duty in the Republic of Korea for award of the Korea Defense Service medal.  Therefore, this medal should be shown on his DD Form 214.

4.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Records show that the applicant served during a qualifying period for award of the RVN Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this foreign award.

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 ending on 30 June 1987 the Vietnam Service Medal; and



	b.  showing, in addition to the awards already shown on his DD Form 214 for the period 30 June 1987, that his awards include:

* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Korea Defense Service Medal
* Career Counselor Badge



      __________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)                                         AR20140010063





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010063



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1