IN THE CASE OF:  

		BOARD DATE:  13 October 2015

		DOCKET NUMBER:  AR20150003452


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) effective 23 June 1966 to show:

* His unit as “TOPO” vice “TOPI”
* Vietnam Service Medal (VSM) with three bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Korean Service Medal (KSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Two Overseas Service Bars

2.  The applicant states the U.S. Army Personnel Center and the U.S. Army Administration Center made these errors and omissions on 23 June 1966.  He further contends that the awards were presented after he was discharged.

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1) effective 23 June 1966
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) ending on 1 July 1963



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 13 September 1960, the applicant enlisted in the Colorado Army National Guard (COARNG).  On 9 June 1961, he was ordered to active duty training (ACDUTRA).  He was released from ACDUTRA on 1 December 1961.  His 
DD Form 214 for this period of ACDUTRA shows he completed training as an artillery surveyor and he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M1 rifle.

3.  On 1 July 1963, the applicant was discharged from the COARNG.  He enlisted in the Regular Army on 2 July 1963.  He subsequently completed training as a topographical (TOPO) surveyor.

4.  On or about 4 November 1963, the applicant was assigned for duty in the Republic of Korea (ROK) as a TOPO surveyor with the 161st Engineer Company, 4th U.S. Army Missile Command.

5.  On or about 22 November 1964, the applicant departed the ROK for duty at Fort Hood, Texas, where he was assigned to the 569th Engineer Company (TOPO) as a TOPO surveyor.

6.  On or about 23 August 1965, the FSM departed the United States with his unit for duty in the RVN.

7.  On 22 June 1966, the applicant departed the RVN and returned to the United States.  He completed 10 months of duty in the RVN.  He was released from active duty effective 23 June 1966.  His DD Form 214 for this period of service shows:

   a.  In Item 12 (Last duty Assignment and Major Command): "569th Engr Company (TOPT) (CORPS) APO 96241"
   b.  In Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Vietnam Service Medal
* One Overseas Service Stripe
* Good Conduct Medal (First Award)
* National Defense Service Medal

8.  Army Regulation 600-8-22 (Military Awards):

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

	b.  The Korea Defense Service Medal (KDSM) 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 included service from 28 July 1954 through a future date to be determined by the Secretary of Defense.  The area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Advisory; the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Defense and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

	d.  The 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.

9.  Department of the Army General Orders (DAGO) Number 8, dated in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service 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.
For service in the RVN, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit towards the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* His unit as “TOPO” vice “TOPI”
* Vietnam Service Medal (VSM) with three bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Korean Service Medal (KSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Two Overseas Service Bars

2.  The evidence of record shows that the applicant’s last assignment was with the 569th Engineer Company (TOPO).  However, his DD Form 214 indicates “TOPT” vice “TOPO”.  Accordingly, this error should be corrected.

3.  The available evidence shows that the applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, this medal should be shown on his DD Form 214.

4.  The available evidence shows that the applicant served in the ROK in 1963 and 1964.  Service in the ROK during this timeframe does not qualify for award of the KSM.  Accordingly, this portion of his request should be denied.

5.  The available evidence shows the applicant served a qualifying period in the ROK for award of the KDSM.  Therefore, this medal should be shown on his 
DD Form 214.

6.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is authorized to wear two bronze service stars on his already-awarded VSM.  However, the applicant’s request for a third bronze service star should be denied.

7.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.
8.  The available evidence shows that the applicant’s Marksman Marksmanship Qualification Badge with Rifle Bar was properly recorded on his DD Form 214 effective 1 December 1961.  There were no provisions for consolidating awards on his second DD Form 214 issued in 1966.  Accordingly, this portion of his request should be denied.

9.  The available evidence shows that the FSM served in the RVN and he was authorized one Overseas Service Bar.  Counting both the first and last month of this service, he is credited with a total of 9 months and 18 days of service in the RVN for authorization purposes of the Overseas Service Bar.  Unfortunately, he did not meet the criteria for a second overseas service bar.

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 his DD Form 214 the current  last duty assignment entry and replacing it with the entry ?569th Engr Company (TOPO)?;

	b. deleting from his DD Form 214 the Vietnam Service Medal; and

	c. adding to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Korea Defense Service Medal

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 award of the Korean Service Medal, a third bronze service star on his Vietnam Service Medal, a second Overseas Service stripe, and showing his rifle marksmanship badge on his last 
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)                                         AR20140000079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003452



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1