IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005217 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 (Report of Separation from Active Duty) ending on 31 October 1975 to show: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Korea Defense Service Medal * bronze service stars on his already awarded Vietnam Service Medal 2. The applicant states these awards are missing from this DD Form 214. 3. The applicant provides copies of the following: * Retirement orders * 1975 DD Form 214 * History of the 218th Military Police (MP) Company in Vietnam 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 the cases 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. 2. The applicant, with prior active service, enlisted in the Regular Army (RA) on 31 October 1957 and he held military occupation specialty (MOS) 951.10 (MP). He was honorably discharged on 1 August 1960 for the purpose of immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list any awards. 3. He reenlisted in the RA on 2 August 1960 and he held MOS 95B (MP). He served in Germany from 1 October 1961 through 4 December 1963. He was honorably discharged on 1 August 1966 for the purpose of immediate reenlistment. His DD Form 214 lists the: * Army Good Conduct Medal (1st and 2nd Award) * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Marksman Marksmanship Qualification Badge with Carbine Bar * National Defense Service Medal 4. He reenlisted in the RA on 2 August 1966. He served in Vietnam from 23 May 1967 through 20 May 1968, during four campaigns. He was assigned to the 218th MP Company. 5. He was honorably discharged on 4 May 1972 for the purpose of immediate reenlistment. His DD Form 214 lists the: * Vietnam Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal (3rd and 4th Award) * two overseas service bars 6. He reenlisted in the RA on 5 May 1972. He served in Germany from 6 August 1973 through 24 October 1975. 7. His records contain and he provided Letter Order Number E-05-188, dated 29 May 1975, showing he was scheduled for retirement effective 31 October 1975. 8. He was honorably retired on 31 October 1975. His DD Form 214 lists the: * National Defense Service Medal * Army Good Conduct Medal (5th Award) * two overseas service bars * Vietnam Service Medal * Vietnam Campaign Medal 9. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his 1975 DD Form 214 and the: * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Carbine Bar * Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) 10. He also provided a copy of the History of the 218th MP Company in Vietnam showing the unit was cited for award of the: * Meritorious Unit Commendation, for the period from 1 May 67 through 30 Apr 68, by Department of the Army General Order (DAGO) Number 55, dated 11 October 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm, for the period from 1 March through 9 October 1971, by DAGO Number 6, dated 25 February 1974 11. Army Regulation 600-8-22 (Military Award) states: a. The Korea Defense Service Medal is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 12. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 218th MP Company, was cited for award of the Meritorious Unit Commendation, for the period from 1 May 1967 through 30 April 1968, by DAGO Number 55, dated 1968. 13. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Vietnam during four campaigns. He met the criteria for authorization for award of four bronze service stars to be added to his already-awarded Vietnam Service Medal. His 1975 DD Form 214 does not list these service stars. 2. He was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Marksman Marksmanship Qualification Badge with Carbine Bar, and Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) during his period of active duty. These badges are not listed on his 1975 DD Form 214. 3. GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His 1975 DD Form 214 does not list these awards. 4. There is no evidence of record and he did not provide sufficient evidence showing he met the criteria for award of the Korea Defense Service Medal and its addition to his 1975 DD Form 214. If he has documentation showing he served in Korea, he may submit a request for reconsideration. 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 1975 DD Form 214: * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Carbine Bar * Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * four bronze service stars to his already-awarded Vietnam 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 authorization for award of the Korea Defense Service Medal and its addition to his 1975 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) AR20150005217 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005217 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1