IN THE CASE OF:  	  

		BOARD DATE:  5 May 2015  	  

		DOCKET NUMBER:  AR20140015141 


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, in effect, correction of his 31 January 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show additional awards of the Overseas Service Ribbon.

2.  The applicant states that he completed overseas tours of duty, as follows –

* Republic of Korea (ROK):  1957-1958
* Germany:  1960-1964, 1968-1970, and 1971-1975
* Republic of Vietnam (RVN):  1967-1968 and 1970-1971

3.  The applicant provides no documentary evidence in support of his application.

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 25 January 1957.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  Through a series of reenlistments, he continued to serve in the RA.  He attained the rank of sergeant major/pay grade E-9 and retired from active duty on 31 January 1987.

3.  Four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), issued to discharge the applicant for the purpose of his immediate reenlistment in the RA, show he was honorably discharged –

* on 24 January 1960 with award of the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar

* on 24 January 1963 with the following awards –

* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

* on 24 January 1967 with the following awards –

* National Defense Service Medal (1st Oak Leaf Cluster (OLC))
* Army Good Conduct Medal with 2 Bronze Loops (2nd Award)

* on 14 December 1972 with the following awards –

* Drill Sergeant Identification Badge
* Purple Heart
* Army Commendation Medal (2nd OLC)
* 4 Overseas Service Bars
* Bronze Star Medal (1st OLC)
* Army Good Conduct Medal (4th Award)
* Combat Infantryman Badge
* Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Campaign Medal with Device (1960)
* RVN Civil Actions Honor Medal First Class Unit Citation


4.  The applicant's DA Form 20 (Enlisted Qualification Record), reviewed on 
22 April 1971, shows in –

* item 31 (Foreign Service) the country where he served, period of overseas service, and if credit for normal tour completion (NTC) was granted, as follows –

Country			Period (From – Through)				NTC
ROK 			21 June 1957 – 25 September 1958	 	Yes
Germany		17 March 1960 – 29 February 1964	 	Yes
RVN			21 May 1967 – 13 May 1968		 	 	Yes
Germany		21 June 1968 – 31 March 1970		 	 No
RVN			1 April 1970 – 29 March 1971			 	Yes
Germany		30 March 1971 – 25 March 1974		 	Yes

* item 41 (Awards and Decorations) –

* Expert Infantryman Badge
* Parachutist Badge
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Army Commendation Medal (3 Awards)
* Drill Sergeant Identification Badge
* Purple Heart
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* 4 Overseas Service Bars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Bronze Star Medal (1st OLC)

5.  The applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 
28 April 1986, shows in –

* item 5 (Oversea Service) the country where he served, period of overseas service, and if credit for NTC was granted, as follows –

Country			Period (From – Through)				NTC
Not Entered	15 Months Prior to 1 January 1960	 	No Entry
Germany		17 March 1960 – 29 February 1964	 	Yes
RVN			21 May 1967 – 13 May 1968		 	 	Yes
Germany		21 June 1968 – 31 March 1970		 	No
RVN			1 April 1970 – 29 March 1971			 	Yes
Germany		30 March 1971 – 23 June 1976			Yes

* item 9 (Awards, Decorations and Campaigns) –

* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Infantryman Badge
* National Defense Service Medal
* Army Commendation Medal
* Purple Heart
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Meritorious Service Medal
* Combat Infantryman Badge
* Bronze Star Medal (1st OLC)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* Parachutist Badge
* Drill Sergeant Identification Badge
* 4 Overseas Service Bars
* RVN Civil Actions Honor Medal First Class Unit Citation
* Air Assault Badge
* Army Good Conduct Medal (9th Award)
* Army Achievement Medal
* Legion of Merit
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

6.  A DD Form 214 shows the applicant entered active duty this period on 
1 November 1978 and he was retired on 31 January 1987.  He had completed 30 years and 6 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Army Commendation Medal
* Air Assault Badge
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (9th Award)
* Purple Heart
* Combat Infantryman Badge
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* 4 Overseas Service Bars
* Bronze Star Medal (1st OLC)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* Meritorious Service Medal (2nd OLC)
* Drill Sergeant Identification Badge
* Noncommissioned Officer Professional Development Ribbon with
Numeral 1
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Achievement Medal
* Legion of Merit

7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his final DD Form 214.

8.  Headquarters, 24th Infantry Division, Special Orders Number 114, dated
24 May 1962, awarded him the Expert Infantryman Badge.

9.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, General Orders Number 52, dated 15 May 1967, awarded him the Army Commendation Medal for meritorious service from 8 February 1965 to 20 April 1967.

10.  Headquarters, 1st Logistical Command, General Orders Number 479, dated 20 May 1968, awarded him the Army Commendation Medal (1st OLC) for meritorious service from November 1967 to May 1968.

11.  Headquarters, U.S. Army, Europe and Seventh Army, General Orders Number 131, dated 24 April 1970, as amended by Headquarters, U.S. Army Military Personnel Center, Europe, Permanent Order 71-5, dated 19 June 1978, awarded him the Army Commendation Medal (2nd OLC) for meritorious service from June 1968 to March 1970.

12.  Records show he was awarded the –

* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar


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

	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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is worn in lieu of five bronze service stars.

	c.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's two tours of overseas service in the RVN, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

   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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his 31 January 1987 DD Form 214 should be corrected to show the Overseas Service Ribbon with Numeral 6.

   a.  Records show the applicant received NTC for the following five foreign service tours:

   Country			Period (From – Through)
   ROK 				21 June 1957 – 25 September 1958
   Germany			17 March 1960 – 29 February 1964
   RVN				21 May 1967 – 13 May 1968
   RVN				1 April 1970 – 29 March 1971
   Germany			30 March 1971 – 23 June 1976	

   b.  Records also show he did not receive NTC for his foreign service tour in Germany during the period 21 June 1968 through 31 March 1970.

   c.  Thus, based on the evidence of record, it would be appropriate to correct his DD Form 214 to show the Overseas Service Ribbon with Numeral 5.

2.  The evidence of record also shows:
   
   a.  orders awarded the applicant the Army Commendation Medal (2nd OLC) and the Expert Infantryman Badge;

   b.  the applicant qualified for award of the Vietnam Service Medal and he participated in seven campaigns during his service in the RVN.  Thus, he is authorized one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal;

   c.  he qualified for award of the Korea Defense Service Medal; and
   
   d.  he was awarded the –

* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar


3.  The evidence of record shows the applicant qualified for the National Defense Service Medal based on his active duty service during the period 1 January 1961 and 14 August 1974.  There is no evidence of record that shows he qualified for a second award of the National Defense Service Medal based on active service during another period of service for which the National Defense Service Medal was authorized.  Thus, despite the entry on his 24 January 1967 DD Form 214 showing the National Defense Service Medal (1st OLC) representing two awards, absent a request from the applicant to correct the entry, no action is being taken to correct that entry at this time.

4.  Therefore, it would be appropriate to correct the applicant's 31 January 1987 DD Form 214 to show 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.  deleting from item 13 of his 31 January 1987 DD Form 214 the –

* Army Commendation Medal
* Vietnam Service Medal
* Overseas Service Ribbon (2)

   b.  adding to item 13 of his 31 January 1987 DD Form 214 the –
   
* Army Commendation Medal (2nd Oak Leaf Cluster)
* Vietnam Service Medal with 1 Silver Service Star and 2 Bronze Service Stars
* Korea Defense Service Medal
* Overseas Service Ribbon with Numeral 5
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar

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 Overseas Service Ribbon with Numeral 6.  



      _______ _   _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)                                         AR20140015141



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ABCMR Record of Proceedings (cont)                                         AR20140015141



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