BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005674 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: 19 December 2017 DOCKET NUMBER: AR20160005674 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 30 January 1984 by deleting the "Overseas Service Ribbon (1)" and adding the Korea Defense Service Medal and the Overseas Service Ribbon (4th 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 correcting his DD Form 214 for the period ending 30 January 1984 to show any additional awards or decorations not mentioned above. _____________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: 19 December 2017 DOCKET NUMBER: AR20160005674 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 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 1984 to show he was awarded or authorized the: * Joint Service Commendation Medal * Army Achievement Medal (2nd Award) * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Armed Forces Service Medal * Overseas Service Ribbon (4th Award) * United Nations Service Medal * Presidential Unit Citation (Army) * Valorous Unit Award * Meritorious Unit Commendation (Army) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 2. The applicant states, in effect, these awards were earned during his service in the Republic of Vietnam and Republic of Korea. 3. The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), for the periods ending 29 September 1977; his DA Form 2-1 (Personnel Qualification Record – Part II), reviewed on 3 November 1983; and his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 January 1984. 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's record indicates he enlisted in the Regular Army on 5 June 1967 and had continuous active duty service through 30 January 1984. 3. The applicant's DA Form 2-1 shows in: a. Item 5 (Oversea Service), he served in the following areas/countries: * Republic of Vietnam, from 27 June 1968 through 23 October 1968 * Federal Republic of Germany, from 3 June 1970 through 28 May 1972 * Republic of Korea, from 23 May 1975 through 25 May 1977 * Federal Republic of Germany, from 29 December 1980 through 24 December 1983 b. Item 35 (Record of Assignments), he served with the: * 575th Transportation Company (TC) Detachment during his service in the Republic of Vietnam, until he was medically evacuated * Headquarters, Commandant and Headquarters Company, Korea, and Headquarters, Eighth United States Army, Korea, during his service in the Republic of Korea 4. The applicant was honorably retired on 30 January 1984 by reason of physical disability – permanent. His DD Form 214 shows he completed 16 years, 7 months, and 26 days of total active service. His DD Form 214 further shows he was awarded or authorized the: * Purple Heart * Air Medal * Army Commendation Medal (1st Oak Leaf Cluster (i.e., 2nd Award)) * Army Good Conduct Medal (5th Award) * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (1st Award) * Republic of Vietnam Gallantry Cross Unit Citation with Palm * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle Bar 5. The applicant's available records do not contain orders or any other evidence, nor does he provide any evidence that shows he was awarded the Joint Service Commendation Medal or the Army Achievement Medal on two separate occasions prior to his retirement from active duty. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by HRC, failed to reveal any orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service. b. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. c. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-3 shows that the Armed Forces Expeditionary Medal is authorized for those who served in Korea from 1 October 1966 to 30 June 1974. d. 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. e. The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-6 shows that the Armed Forces Service Medal was not authorized for any U.S. military operations before 1 June 1992. f. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981 and awarded to Servicemembers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Servicemembers of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. Numerals will be used to denote second and subsequent awards. g. The United Nations Service Medal was established by the U.N. General Assembly for members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations in action in Korea. To be eligibility for the award personnel must serve during the period between 27 June 1950 and 27 July 1954. h. The Presidential Unit Citation (Army) (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action occurring on or after 7 December 1941. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. i. The Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. j. The Meritorious Unit Commendation (Army) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. It further states that it is for the designated unit and is authorized to members of that unit who participated in the cited action. 2. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 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 does not show his unit of assignment while in Vietnam were awarded any unit awards or citations while he was assigned to that unit during his period of service in Vietnam. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show additional awards and decorations he contends he was awarded or authorized during his service in the Republics of Vietnam and Korea, was carefully considered. 2. The applicant served in the Republic of Korea from on or about 23 May 1975 through on or about 25 May 1977. This is a qualifying period for award of the Korea Defense Service Medal. This award is not listed on his DD Form 214. 3. The applicant's record shows he served in the Republic of Vietnam, the Republic of Korea, and the Federal Republic of Germany on two occasions. Although the Overseas Service Ribbon was not established until 1 August 1981, he was a continuous active duty member from 1967 until he was retired in 1984. In accordance with applicable regulations, he met the criteria for award of the Overseas Service Ribbon on four separate occasions; however, his DD Form 214 shows only a single award. 4. The available records do not contain orders or any other evidence that shows he was awarded the Joint Service Commendation Medal or the Army Achievement Medal on two separate occasions prior to his retirement from active duty. 5. The Armed Forces Expeditionary Medal was authorized for those serving in the Republic of Korea during the period 1 October 1966 to 30 June 1974 only. The applicant did not start serving in the Republic of Korea until 23 May 1975. 6. The applicant contends he is entitled to the Armed Forces Service Medal; however, this award was only authorized to Servicemembers for operations that began after 1 June 1992. He was honorably retired from military service in 1984. 7. The applicant contends he is entitled to the United Nations Service Medal for his service in the Republic of Korea; however, this award was only for eligible members serving during the period between 27 June 1950 and 27 July 1954. He did not serve in the Republic of Korea during this period. 8. There is no additional documentation or regulation that constitutes evidence showing the applicant is authorized any unit awards, i.e., the Presidential Unit Citation (Army), Valorous Unit Award, and the Meritorious Unit Commendation (Army). 9. The applicant contends he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). His DD Form 214 shows he was authorized a single award. There is no available evidence that shows he was authorized more than one award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005674 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005674 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2