BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015945 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: 16 March 2017 DOCKET NUMBER: AR20150015945 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 amending his DD Form 214 for the period ending on 31 December 1972 by deleting the Vietnam Service Medal with one bronze service star and adding the: * Korean Service Medal * United Nations Service Medal * National Defense Service Medal (2nd Award) * Parachutist Badge * Master Parachutist Badge * Army Good Conduct Medal (4th Award) * Combat Infantryman Badge (2nd Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (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 listing his Korea service on his DD Form 214 for the period ending 11 February 1957. _____________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: 16 March 2017 DOCKET NUMBER: AR20150015945 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) for the period ending 11 February 1957 to show his service in Korea and the Korean Service Medal. 2. He states he has multiple awards for his service in Korea. 3. He provides: * DD Form 214 for the period ending on 31 December 1972 * Information Papers for Military Awards, dated 8 July and 10 September 2009 * newspaper article, Johnson Honors Veteran, [Department of Veterans Affairs] Director in Rapid City, dated 31 May 2011 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 inducted into the Army of the United States on 21 August 1952. 3. He was honorably discharged on 14 January 1954 for immediate reenlistment, which occurred on the following day. His record is void of the DD Form 214 for this period of service. However, his record contains a Certification of Military Service for the period 21 August 1952 to 14 January 1954. 4. His DA Form 24 (Service Record) shows he served in Korea from 8 May 1953 to 18 May 1954 (1 year and 11 days). 5. His record contains a DD Form 214 that shows he reenlisted in the Regular Army (RA) on 15 January 1954 and he was honorably released from active duty on 11 February 1957. This form shows in: * Item 22 (Place of Entry into Current Active Service) – Korea * Item 24a(1) (Net Service This Period) – "3 00 00" * Item 24a(2) (Other Service) – "1 4 25" * Item 24c (Foreign and/or Sea Service) – "0 4 16" * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – no entries 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 23 June 1966 to 19 June 1967 and from 14 August 1971 to 16 June 1972. It also shows in: a. Item 38 (Record of Assignments), he was assigned to: * Company A, 2nd Airborne Division, 27th Infantry * Company B, 1st Battalion (Ambulatory), 506th Infantry Regiment, 101st Airborne Division from 24 August 1971 to 10 September 1971 * Headquarters and Headquarters Company, 1st Battalion (Ambulatory), 506th Infantry Regiment, 101st Airborne Division from 11 September 1971 to 13 January 1972 * Company A, 2nd Battalion, 1st Infantry Regiment, 96th Infantry Brigade from 14 January to 26 February 1972 * Company B, 2nd Battalion, 1st Infantry Regiment, 96th Infantry Brigade from 27 February to 12 June 1972 b. Item 41 (Awards and Decorations) the following awards that do not appear on any of his five DD Forms 214: * Korean Service Medal * United Nations Service Medal * National Defense Service Medal (2nd Award) * RVN Campaign Medal with Device (1960) * Parachutist Badge * Master Parachutist Badge * Army Good Conduct Medal (4th Award) * Combat Infantryman Badge (2nd Award) 7. The applicant's record shows he performed numerous reenlistment options throughout his military service. His final DD Form 214 for the period ending 31 December 1972 shows he was honorably retired and credited with completing over 20 years of active service. It also shows the: * Vietnam Service Medal (VSM) with one bronze service star * Army Commendation Medal (2nd Award) * Bronze Star Medal (2nd Award) REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as in effect at the time of his release from active duty on 11 February 1957, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 24c. There was no requirement to list the overseas theater where the service was performed, the country, or the dates of service in item 32. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following three campaigns: * Consolidation I (1 July 1971 - 30 November 1971) * Consolidation II (1 December 1971 - 29 March 1972) * Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973 3. 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 the 506th Infantry Regiment, to which the applicant was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 and 6 through 19 September 1971 by Department of the Army General Orders Number 6, dated 1974. This pamphlet states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION: 1. The applicant's DA Form 24 shows he served in Korea from 8 May 1953 to 18 May 1954. There was no requirement by regulation to list the overseas theater where the service was performed. Therefore, with regard to his service in Korea, the applicant's DD Form 214 for the ending period 11 February 1957 is correct as constituted. 2. His DA Form 20 lists the Korean Service Medal, which is not shown on any of his DD Forms 214. Likewise, the United Nations Service Medal, National Defense Service Medal (2nd Award), Parachutist Badge, Master Parachutist Badge, Army Good Conduct Medal (4th Award), Combat Infantryman Badge (2nd Award), and RVN Campaign Medal with Device (1960) are also not reflected on any of his DD Forms 214. 3. The evidence shows he is authorized the RVN Gallantry Cross with Palm Unit Citation (2nd Award). His DD Form 214 does not show these unit awards. 4. His DD Form 214 for the period ending on 31 December 1972 reflects award of the VSM with one bronze service star; however, it should show three bronze service stars to denote his participation in three campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015945 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2