BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000835 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: 1 June 2017 DOCKET NUMBER: AR20160000835 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 adding to his DD Form 214 the Korea Defense Service Medal. 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 changing his Reenlistment Code or awarding him Vietnam-related medals. __________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: 1 June 2017 DOCKET NUMBER: AR20160000835 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 (Report of Separation from Active Duty) as follows: * upgrade his Reenlistment (RE) Code from RE-3C to RE-1 * add awards pertaining to his service in Vietnam, Thailand, and Korea 2. The applicant states it is neither right nor fair. He was young and served honorably. He wanted to reenlist but his mother was a widow and he was her only son; his sisters and family were separated and they needed him. He did not know how the indecision and concern for his family would be perceived by the Army recruiter. He wanted to make the Army a career, and the RE Code still haunts him. He really considered reenlisting but they reneged on his bonus and also his Enlisted Evaluation Report was not signed. Additionally, he wants to receive his Vietnam and Thailand service medals for his service in Southeast Asia and Thailand from June 1974 to June 1975 at Udorn and Saigon. He also served in Korea from July 1975 to July 1976 at Camp Humphries. 3. The applicant provides no additional evidence. 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 31 July 1973 and was trained in military occupational specialty (MOS) 05D (Special Identification Technical Operator). 3. He served in Thailand in MOS 05D from 18 June 1974 to 21 July 1975. He was assigned to Company C, 7th Radio Research Field Station. 4. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows he was advanced to specialist four (SP4)/E-4 on 1 September 1974. 5. He also served in Korea in MOS 05D from 22 July 1975 to 23 July 1976. He was assigned to the U.S. Army Security Agency, Field Station Korea (USASAFS). 6. Item 18 of his DA Form 2-1 shows he was reduced to private first class (PFC)/E-3 on 20 February 1976. 7. His DD Form 214 (Report of Separation from Active Duty) shows he was honorably released from active duty on 26 July 1976, in accordance with paragraph 5-14 of Army Regulation (AR) 635-200 (Personnel Separations) with Separation Code LBM. It also shows: * he was assigned RE-3C * he completed 2 years, 11 months, and 26 days of active service * he was awarded or authorized the National Defense Service Medal 8. There is no indication in his record (such as a temporary duty station order and/or reassignment order) that shows he served in Vietnam. Likewise, section 35 (Record of Assignments) of his DA Form 2-1 does not show any service in Vietnam. REFERENCES: 1. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 of the regulation in effect at the time includes a list of RE codes. * RE-1 applies to Soldiers completing their terms of active service who are considered qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable – they are ineligible unless a waiver is granted * RE-3C (no longer used) applied to members who completed over 4 months of service but did not meet the basic eligibility pay grade requirements of chapter 2, AR 601-280 (Army Reenlistment Program) or who have been denied reenlistment under the Qualitative Retention process 2. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. The regulation in effect at the time listed the specific authorities, regulatory and statutory, or other directive and reasons for separation from active duty. Separation Code LBM was used to Soldiers separating under the provision of paragraph 5-14 of AR 635-200 due to short length of time remaining on active duty which precluded reassignment. 3. AR 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 4. AR 600-8-22 also states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Direct support is defined as services being supplied to participating forces in the area of eligibility and includes: * units, ships, and aircraft providing it involves actually entering the designated area * ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility 5. AR 600-8-22 states the Republic of 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 between 1 March 1961 and 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty DISCUSSION: 1. The applicant served on active duty from 31 July 1973 to 26 July 1976. He was reduced to PFC/E-3 on 20 June 1976 and held this rank at the time of separation. Upon separation, he did not meet the grade requirement in the basic eligibility criteria for reenlistment. He was not eligible to reenlist without a waiver. That is why he was assigned an RE-3C. There is no evidence this RE Code is in error. 2. The applicant served in Korea from July 1975 to July 1976. He served a qualifying period of service for award of the Korea Defense Service Medal. 3. The applicant does not meet the criteria for award of any Vietnam service/campaign medals: a. There is no evidence he served in Vietnam. His records show he served in Thailand from 18 June 1974 to 21 July 1975. The period of eligibility for award of the Vietnam Service Medal is from 3 July 1965 through 28 March 1973. Members in Thailand during the same period and serving in direct support of operations in Vietnam are eligible for this award. The applicant's service in Thailand occurred outside the period of eligibility. He does not meet the criteria. b. The period of eligibility for award of the Vietnam Campaign Medal is from 1 March 1961 and 28 March 1973 and the criteria requires 6 or more months of service in Vietnam. The applicant served in Thailand, not in Vietnam, and his service occurred outside the period of eligibility for this award. He does not meet the criteria. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000835 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000835 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2