IN THE CASE OF:  	  

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140016650 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 June 1966:

	a.  to show he served in Germany for 2 years, in Korea for 1 year, and in Vietnam for 1 year; and

	b.  to add any awards to which he is entitled.

2.  The applicant states, in effect, his DD Form 214 for the period ending on 
11 June 1966 does not show all of the awards he earned, nor does it list the location and duration of each of his foreign duty assignments.  

3.  The applicant provides his DD Form 214 for the period ending on 11 June 1966.

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 on 30 August 1957 and held military occupational specialty (MOS) 321.10 (Lineman).  During the period of this enlistment he attained the rank/grade of specialist four/E-4.

3.  His record contains two DA Forms 2-1 (Enlisted Qualification Record – Part II).  One of these documents shows he served in Germany from 1959 to 1961, but does not list the arrival or departure date or the number of months he served.

4.  He was honorably discharged on 10 June 1960.  His DD Form 214 shows he was discharged from Krabbenloch Kaserne, Ludwigsburg, Germany.  During the period of this enlistment he completed 2 years, 9 months, and 11 days of net active service of which 1 year, 3 months, and 26 days was credited as foreign service.  Additionally, he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He reenlisted in the Regular Army on 11 June 1960, in Ludwigsburg, Germany, and held MOS 31M (Multichannel Transmission Systems).  During this period of enlistment he attained the rank/grade of sergeant/E-5.

6.  A DA Form 2-1 in his record shows he served in Korea from 1963 to 1964 and in Vietnam from 1965 to 1966, but does not list the arrival or departure dates or the number of months he served in either of these locations.

7.  He was honorably discharged on 11 June 1966.  His DD Form 214 shows he was discharged at Fort Dix, NJ and his last duty assignment was listed as Company D, 41st Signal Battalion, Vietnam.  During the period of this enlistment he completed 6 years and 1 day of net active service of which 2 years, 8 months, and 15 days was credited as foreign service in both the U.S. Army Europe (USAREUR) and U.S. Army Pacific Command (USARPAC) theaters of operations.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal
* one overseas bar

8.  His record shows he enlisted in the Virginia Army National Guard (VAARNG) on 14 July 1973.  He served through a series of reenlistments and extensions in the VAARNG and earned several awards.  However, his records do not contain any evidence documenting additional periods of active duty service after he was discharged from active duty on 11 June 1966.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  Army Regulation 600-8-22 states 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service in Vietnam

	a.  Department of the Army General Orders Number 8 (DAGO), dated 1979, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

	b.  DAGO Number 17, dated 1968, awarded the Meritorious Unit Commendation to Company D, 41st Signal Battalion for the period of July 1965 to June 1966.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service performed (e.g. USAREUR).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty in Korea.  While the specific period of service is unknown, his record does indicate he served a qualifying period for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his DD Form 214.

2.  The evidence of record shows the applicant served on active duty in Vietnam. While the specific period of service is unknown, his record does indicate he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore he is entitled to correction of his DD Form 214 to add this award.

3.  GO awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation to his unit in Vietnam for a period that he was assigned to the unit.  Therefore, these unit awards should be added to his DD Form 214.

4.  The applicant's last period of active duty service ended on 11 June 1966.  Any awards he earned in the VAARNG would not be added to either of his DD Forms 214.  The DD Form 214 is a clear cut picture of a period of active service.  Only awards issued during the period of active service would be listed on the DD Form 214.  Any award the applicant received subsequent to his active duty service would not be listed on his DD Forms 214.

5.  At the time of the applicant's service, there was no provision for adding the specific locations (countries) of foreign service on the DD Form 214.  Therefore, there is no basis to grant 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 adding to his DD Form 214 the:

* Korea Defense Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Meritorious Unit Commendation

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 correcting his DD Forms 214 to show he served in Germany for 2 years, in Korea for 1 year, and in Vietnam for 1 year.  




      ___________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)                                         AR20140016650





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ABCMR Record of Proceedings (cont)                                         AR20140016650



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