IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150002917 


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 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 January 1982 to show:

* more than two Overseas Service (OS) Bars
* Korean Service Medal (KSM)
* Korean Expeditionary Campaign Medal (correctly known as the Armed Forces Expeditionary Medal (AFEM))
* Driver Badge (correctly known as the Driver and Mechanic Badge with Wheeled Vehicle Bar)
* Overseas Service Ribbon (OSR) with Numeral 5

2.  The applicant states he was awarded the driver badge on a previous 
DD Form 214.  He adds the OSR is listed with numeral four and should be listed with numeral five.  Additionally, he states the OS Bar should reflect credit for his overseas tours in Korea (23 Feb 1965 to 21 March 1966 and 14 August 1974 to 15 July 1976); Germany (September 1966 to September 1967); Vietnam
(28 October 1967 to 27 October 1968); and Alaska (October 1968 to April 1974). 

3.  He provides:

* DD Forms 214
* DD Form 215 (Correction to DD Form 214)
* National Personnel Record Center letter, dated 1 June 2015

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 26 January 1961.  After completion of basic and advanced individual training, he was awarded military occupational specialty 763.10 (Ordnance Supply Specialist).  He performed a series of reenlistment/extension options until he was honorably retired on 
31 January 1982.

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows the from and through dates, area and country, number of months assigned, and grants him tour completion credit for the following overseas assignments:

* 23 February 1965 to 21 March 1966, Korea, 13 months
* 21 November 1966 to 18 September 1967, Germany, 10 Months
* 28 October 1967 to 27 October 1968, Vietnam, 12 months
* 3 December 1968 to 15 April 1972, Alaska, 40 months
* 14 August 1974 to 13 September 1976, Korea, 25 months

4.  His DD Form 214 for the period ending on 15 July 1976 shows the:

* National Defense Service Medal (NDSM) 
* Vietnam Service Medal (VSM) 
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Good Conduct Medal (3rd Award)
* RVN Gallantry Cross with Palm Unit Citation
* Driver and Mechanic Badge with Wheeled Vehicle Bar

5.  His DD Form 214 for the period ending on 31 January 1982 shows the:

* NDSM
* VSM 
* OS Bars (2)
* Army Good Conduct Medal (5th Award)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* RVN Civil Actions Honor Medal Second Class
* OSR with Numeral 4
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2

6.  His DD Form 215 shows on 2 July 2007, his DD Form 214 for the period ending on 31 January 1982 was corrected to add:

* VSM with four bronze service stars
* Korea Defense Service Medal (KDSM)
* Army Commendation Medal
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Pistol and Automatic  Rifle Bars

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

8.  The AFEM is awarded for qualifying service in military operations within a specific geographic area during a specified time period.  It states individuals qualify for the AFEM for service in Korea from 1 October 1966 to 30 June 1974.  It also states that service members who qualified for the AFEM by reasons of the above service dates, in an area for which the KDSM was subsequently authorized, are eligible for both the AFEM and KDSM.

9.  The OSR 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 OSR.

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

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OS Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the OS Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

   a.  One OS Bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Korea, between 27 June 1950 and     27 July 1954.  Credit toward an OS Bar is authorized for each month of active Federal service as a member of the U.S. Army serving in the designated hostile fire area in Korea between 1 April 1968 and 31 August 1973.  If a Soldier receives a month of hostile fire pay for a period(s) of service in Korea, then the Soldier may also receive credit for a corresponding month towards award of an OS Bar. 

   b.  One OS Bar is authorized for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, between 1 July 1958 and 28 March 1973.  The months of arrival to, and departure from Vietnam are counted as whole months for credit toward the OS Bar.  If a Soldier receives a month of hostile fire pay for a period(s) of temporary duty service in Vietnam, then the Soldier may also receive credit for a corresponding month towards award of an OS Bar.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) all awards and decorations for all periods of service in the priority sequence specified.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the KSM.  The evidence of record shows he served two tours in Korea:  23 February 1965 to 21 March 1966 and 14 August 1974 to 13 September 1976.  The KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954, which is prior to his periods of service.

2.  He also requests award of the AFEM.  The evidence of record shows he served two tours in Korea 23 February 1965 to 21 March 1966 and 14 August 1974 to 13 September 1976.  However, by regulation, an individual qualification for the AFEM for service in Korea is from 1 October 1966 to 30 June 1974.  Therefore, it does not appear that he met these qualifications.

3.  His DD Form 214 for the period ending on 15 July 1976 shows he was awarded the Driver and Mechanic Badge with Wheeled Vehicle Bar.  This award is authorized to be listed on his last DD Form 214 for the period ending on 
31 January 1982.

4.  The evidence of record shows the applicant received tour completion credit for Germany, Vietnam, Alaska, and two tours in Korea (five overseas tours).  His DD Form 214 shows the OSR with Numeral 4.

5.  The evidence of record shows his service in Korea was not during a designated period for qualification for an OS Bar.  It appears the 12 months that he served in Vietnam (28 October 1967 to 27 October 1968) is the only period that should be used to qualify him for OS Bars.

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 the Overseas Service Ribbon with Numeral 4 from his DD Form 214 ending on 31 January 1982; and 

   b.  adding to his DD Form 214 for the period ending on 31 January 1982, the Driver and Mechanic Badge with Wheeled Vehicle Bar and the Overseas Service Ribbon with Numeral 5.

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 Korean Service Medal, Armed Forces Expeditionary Medal, and the Overseas Service Bars.



      _______ _  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)                                         AR20150002917



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ABCMR Record of Proceedings (cont)                                         AR20150002917



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