IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013311 


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) for the period ending 21 June 1965 to show his overseas service in Vietnam and Korea.

2.  The applicant states he needs his DD Form 214 to show he served overseas in both Vietnam and Korea.

3.  The applicant provides no additional evidence.

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 (RA) on 23 March 1960.  He was honorably discharged on 21 June 1962 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

3.  He reenlisted in the RA on 22 June 1962.  

4.  His DA Form 24 (Service Record) shows he served overseas in:

* Hawaii, from 19 August to 15 October 1962
* Vietnam, from 19 October to 6 December 1962
* Hawaii, from 7 December 1962 to 15 November 1963
* Korea, from 21 November 1963 to 26 November 1964 

5.  He was released from active duty on 21 June 1965 and he was transferred to the U.S. Army Reserve.  

6.  The DD Form 214 he was issued for this period of service shows in:

* item 24c (Foreign and/or Sea Service) - he had 2 years, 3 months, and 14 days of overseas service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
* item 32 (Remarks) does not show the dates of any foreign service

7.  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 Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965.

	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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Upon request, 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.  

	d.  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service and established standardized policy for the preparation of the DD Form 214.  It stated in item 24c enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214.  There were no provisions to enter the dates or country of the overseas service on the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam would be listed in remarks block of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 19 October to 6 December 1962.  Although later versions of the regulation required an entry for service in Vietnam, at the time of his separation there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 32 of his DD Form 214.  

2.  He served in Vietnam during a qualifying period for award of the Armed Forces Expeditionary Medal and he served in Korea during a qualifying period for award of the Korea Defense Service Medal.  In addition, he served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.

3.  With respect to his service in Korea, other than service in Vietnam, there are no provisions to enter the country and dates of overseas service on the DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.




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 amending his DD Form 214 for the period ending 21 June 1965 by adding in:

* item 26 the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Korea Defense Service Medal
* item 32 the entry "Service in Vietnam from 19 October 1962 to 6 December 1962"

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 his service in Korea to his DD Form 214.



      ___________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)                                         AR20140013311



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ABCMR Record of Proceedings (cont)                                         AR20140013311



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