IN THE CASE OF:    

		BOARD DATE:  27 August 2015

		DOCKET NUMBER:  AR20150000402 

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 a Bronze Star Medal (BSM) (2nd Award) and a Korean Service Medal (KSM).

2.  The applicant states, in effect, his DD Form 214 is incorrect and does not list all of his awards.   

3.  The applicant provides copies of:

* General Orders Number 1162
* General Orders Number 3315
* BSM Citation
* Air Medal Citation
* General Orders Number 4650
* General Orders Number 3760
* General Orders Number 1209
* DA Form 759 (Flight Record and Flight Certificate Army)
* DA Form 66 (Officer Qualification Record)
* DD Forms 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.  On 30 November 1965, the applicant enlisted in the Regular Army (RA).  After initial training, he was awarded military occupational specialty 36C (Wire Systems Installer).

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea from 31 July 1966 through 20 March 1967.

4.  On 12 February 1968, he was honorably discharged to accept an appointment as a warrant officer.

5.  The DD Form 214 issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge (M-16 and .45 caliber pistol)
* Marksman Marksmanship Qualification Badge (M-14)

6. On 13 February 1968, the applicant accepted an appointment as a warrant officer, and on 7 January 1970 he was discharged to accept an appointment as a commissioned officer.

7.  The DD Form 214 issued at that time shows in item 24 he was awarded the:

* NDSM
* Army Good Conduct Medal (AGCM)
* Army Aviator Badge
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal (VCM)
* BSM
* Distinguished Flying Cross (DFC) with Oak Leaf Cluster (OLC)
* Air Medal (AM) with 40 OLC’s
* Two Overseas Service Bars

8.  On 8 January 1970, the applicant was appointed as a commissioned officer.  On 1 September 1973 he was honorably released from active duty and transferred to the U.S Army Reserve.

9.  The DD Form 214 issued at that time shows in:

a.  Item 24 he was awarded the:

* NDSM
* AGCM
* VSM with five campaign stars
* VCM with Device (1960)
* BSM
* Armed Forces Expeditionary Medal
* Three Overseas Service Bars
* Vietnam Cross of Gallantry
* AM with “V” Device and 40th OLC
* Army Aviator Badge
* DFC (2nd Award)

b.  Item 30 (Remarks) shows:

* Vietnam – “4Apr68 – 3Apr69; 16Aug71 – 9Apr72”
* Indochina: “YES”
* Korea: “YES”

10.  His DA Form 66 shows in:

    	a.  Item 18 (Record of Assignments) he was assigned to A Troop, 3rd Squadron, 17th Air Calvary in Vietnam from 20 August 1971 – 29 March 1972.
   
   b.  Item 22 (Campaigns) shows he participated in seven campaigns:

* TET 69 Counteroffensive, 23 February 1969 – 8 June 1969
* Vietnam Counteroffensive, Phase IV: 2 April 1968 – 30 June 1968
* Vietnam Counteroffensive, Phase V: 1 July 1968 – 1 November 1968
* Vietnam Counteroffensive, Phase VI: 2 November 1968 – 
22 February 1969
* Consolidation I, 1 July 1971 – 30 November 1971
* Consolidation II, 1 December 1971 – 29 March 1972
* Vietnam Cease-Fire, 30 March 1972 – 28 January 1973

11.  General Orders Number 3315, Headquarters, 1st Cavalry Division, dated 
17 March 1969 show the applicant was awarded the BSM.

12.  General Orders Number 1162, Headquarters, 1st Aviation Brigade, dated 
10 April 1972 shows the applicant was awarded the BSM (2nd Award).

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

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

   b.  The KSM was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  

	c.  The Korea Defense Service Medal (KDSM) was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 (ROK).  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the applicant's unit was cited for award of the
RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through August 27 by Department of the Army General Orders (DAGO) 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Numbers 3315 and 1162 awarded the applicant two BSM’s.

2.  The applicant was awarded the VSM and he participated in seven campaigns.  

3.  The evidence of record does not support the applicant's request for award of the KSM since his initial enlistment was well after the end of the period of eligibility for the KSM; however, his record shows he completed a period of service in Korea qualifying for the award of the KDSM.    




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the VSM and BSM from his final DD Form 214

b.  Adding the following awards to his final DD Form 214 –

* RVN Gallantry Cross with Palm Unit Citation
* VSM with one silver service star and 2 bronze service stars
* KDSM
* BSM (2nd Award)

2.  The Board further determined 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 his request for correction of his DD Form 214 to show he was awarded the KSM.




      ___________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)                                         AR20140010582



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ABCMR Record of Proceedings (cont)                                         AR20150000402



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