BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150010071 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150010071 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. adding the entry "USARPAC" to item 22c of his DD Form 214; b. deleting award of the Vietnam Service Medal from item 24 of his DD Form 214; c. adding award of the Vietnam Service Medal with three bronze service stars, Korea Defense Service Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; d. deleting the entry "Item 22c.: Vietnam" from item 30 of his DD Form 214; and e. adding the entry "Vietnam – 28 March 1967 through 25 March 1968, Indochina – No, Korea – Yes" to item 30 of his DD Form 214; 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 adding his dates of service in Korea or a second award of the Bronze Star Medal to his 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. BOARD DATE: 26 May 2016 DOCKET NUMBER: AR20150010071 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. his dates of service in Korea and Vietnam and b. award of the Korea Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Bronze Star Medal with 1st Oak Leaf Cluster. 2. The applicant states he wants his DD Form 214 corrected to show: * he served in Korea from November 1963 to December 1964 and is authorized award of the Korea Defense Service Medal * he served in Vietnam from 1967 to 1968 and is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation * he was awarded two Bronze Star Medals 3. The applicant provides: * DD Form 214 * Headquarters, U.S. Army Armor Center, Special Orders Number 201, dated 27 September 1963 * DA Form 2501 (Port Call for Unaccompanied Military Personnel) * 38th Replacement Battalion Special Orders Number 317, dated 9 December 1963 * roster of personnel assigned to Headquarters, 1st Squadron, 9th Cavalry Regiment, dated 1 November 1964 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2452, dated 20 April 1968 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3182, dated 13 May 1968 * description for the Vietnam Cross of Gallantry with Palm (currently known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation) 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 was ordered to active duty from the U.S. Army Reserve on 8 August 1963. 3. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in: * Korea from 26 November 1963 through 11 December 1964 * Vietnam from 28 March 1967 through 25 March 1968 4. His records show he served as a movement control officer assigned to Headquarters, Headquarters Company and Band, 1st Cavalry Division Support Command, U.S. Army Pacific (USARPAC), during his assignment in Vietnam. He participated in three campaigns during his assignment in Vietnam. 5. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2452, dated 20 April 1968, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period April 1967 to March 1968. 6. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3182, dated 13 May 1968, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period March 1967 to March 1968. 7. On 5 August 1968, he was honorably released from active duty. 8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal 9. His DD Form 214 also shows in: * item 22c (Foreign and/or Sea Service), he completed 2 years of foreign service * item 30 (Remarks), the entry "Item 22c.: Vietnam" REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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. b. Paragraph 1-19 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. c. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Headquarters, Headquarters Company and Band, 1st Cavalry Division Support Command, was awarded the: * Meritorious Unit Commendation for the period 1 June 1967 to 31 May 1968 in Department of the Army General Orders Number 28, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders Number 59, dated 1969 3. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. The regulation also required that service in Indochina and Korea on or after 5 August 1964 would be entered in item 30 with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his dates of service in Korea and Vietnam. 2. The evidence of record shows he served in Korea from 26 November 1963 through 11 December 1964, which is properly shown in item 17 of his DA Form 66. 3. Item 30 of his DD Form 214 shows the entry "Item 22c.: Vietnam." 4. The entry on the applicant's DA Form 66 that shows he served in Vietnam from 28 March 1967 through 25 March 1968 is accepted as a sufficient basis for amending item 30 of his DD Form 214 to show the entry "Vietnam Service: 28 March 1967 to 25 March 1968, Indochina – No, Korea – Yes." 5. Item 22c of his DD Form 214 does not show his last overseas theater (USARPAC) in accordance with the governing regulation. 6. He served a qualifying period for award of the Korea Defense Service Medal. His DD Form 214 does not show this medal. 7. His DD Form 214 shows one award of the Bronze Star Medal. Headquarters, 1st Cavalry Division (Airmobile), general orders show he was awarded two Bronze Star Medals for meritorious service for overlapping periods (April 1967 to March 1968 and March 1967 to March 1968). The governing regulation states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 8. His unit in Vietnam was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show these unit awards. 9. He participated in three campaigns during his assignment in Vietnam which authorizes three bronze service stars with his already-awarded Vietnam Service Medal. His DD Form 214 does not show these service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010071 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010071 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2