BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006338 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Amending his DD Form 214 for the period ending 1 August 1962 by adding in item 32 (Remarks) "Served in Korea from 17 September 1950 – 2 November 1951." b. Amending his DD Form 214 with an effective date of 30 September 1970 to show he was awarded or is authorized the: * Legion of Merit * Bronze Star Medal with "V" Device (2 Awards) * Bronze Star Medal (3 Awards) * Air Medal (with numeral 10) * Joint Service Commendation Medal * Army Commendation Medal (2 Awards) * Army of Occupation Medal (Japan) * Army Good Conduct Medal (5 Awards) * Armed Forces Reserve Medal with bronze hourglass * National Defense Service Medal (2 Awards) * Korean Service Medal (with 1 silver service star) * United Nations Service Medal * Vietnam Service Medal (with 3 bronze service stars) * Vietnam Armed Forces Honor Medal 1st Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Korean War Service Medal * Combat Infantryman Badge (2 Awards) * Sharpshooter Marksmanship Badge with Pistol Bar 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: 15 May 2018 DOCKET NUMBER: AR20160006338 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006338 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 his service in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states his DD Form 214 does not reflect his service in Korea from September 1950 to November 1951. 3. The applicant provides his DA Form 20 (Enlisted Qualification Record). 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 previously completed 1 year, 6 months, and 26 days of active service from 7 July 1948 - 2 February 1950 in an enlisted status. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was authorized the Army of Occupation Medal (Japan). 3. The applicant enlisted in the Regular Army on 2 August 1950 for 3 years and immediately reenlisted on 2 August 1953 for 3 years. 4. Item 31 (Foreign Service) of his DA Form 20 shows the applicant was assigned in Korea from 17 September 1950 - 2 November 1951. Item 38 (Record of Assignments) shows he was assigned to Company A, 24th Infantry Regiment, in Korea. He participated in five campaigns. 5. On 12 June 1953, the applicant was appointed a Reserve commissioned officer of the Army in the grade of second lieutenant. 6. The available records do not contain DD Forms 214 covering his service from 2 August 1950 - 1 August 1956. 7. On 2 August 1956, the applicant immediately reenlisted for 6 years. 8. On 1 August 1962, the applicant was discharged to immediately reenlist. His DD Form 214 for the period ending 1 August 1962 shows he was awarded the Army Good Conduct Medal (3 Awards) and the Sharpshooter Marksmanship Badge with Pistol Bar. 9. On 2 August 1962, the applicant immediately reenlisted for 6 years. Item 31 of his DA Form 20 shows he was assigned in the Republic of Vietnam from 22 September 1965 to 21 March 1967. Item 38 shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Infantry Division. He participated in three campaigns. 10. On 27 November 1965, the applicant was promoted to sergeant major (temporary) in the Regular Army. 11. On 6 January 1967, he was discharged. His DD Form 214 for the period ending 6 January 1967 shows he was awarded the: * Army Good Conduct Medal (5th Award) * Air Medal (5th Award) * Combat Infantryman Badge * Legion of Merit * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal (2 Awards) 12. On 7 January 1967, the applicant was ordered to active duty in the grade of captain in the U.S. Army Reserve (USAR). 13. On 28 September 1970, the applicant was discharged to enlist in the Regular Army for the purpose of retirement. His DD Form 214 with an effective date of 28 September 1970 shows he was awarded the: * Bronze Star Medal with "V" Device (2 Awards) * Bronze Star Medal (3 Awards) * Air Medal (10 Awards) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Joint Service Commendation Medal * Vietnam Armed Forces Honor Medal 1st Class * Army Commendation Medal (2 Awards) 14. On 29 September 1970, he was enlisted in the Regular Army and on 30 September 1970, he was voluntarily retired in the grade of sergeant major after 22 years of active Federal service. His DD Form 214 for the period ending 30 September 1970 does not show any awards or medals. 15. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the following awards that are not listed on any of the available DD Forms 214: * Korean Service Medal * United Nations Service Medal * Armed Forces Reserve Medal with bronze hourglass 16. On 31 March 1976, the applicant was issued a DD Form 215 (Correction to DD Form 214) amending the his DD Form 214 for the period ending 1 August 1962. The DD Form 215 added in item 32 (Remarks) the applicant's: * enlistment on 2 August 1950 for 3 years * honorable discharge on 1 August 1953 to immediately reenlist * immediate reenlistment on 2 August 1953 for 3 years * honorable discharge on 1 August 1956 to immediately reenlist * immediate reenlistment on 2 August 1956 for 6 years 17. On 2 February 1979, the applicant was advanced on the Retired List to the grade of captain. REFERENCES: 1. Special Regulation 615-360-1 (Separation of Enlisted Personnel), then in effect, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. a. This regulation stated that a DD Form 214 (Report of Separation From Active Duty) would be furnished all enlisted personnel separated from the active military service except the following: (1) Members of the Army Reserve order into the active military service for a period of 90 days or less; (2) Member of the Regular Army and reserve components who are reenlisted in the Regular Army at station of discharge within 24 hours of discharge; and (3) Members of reserve components discharge while on active duty to reenlist in their respective reserve components (USAR or NG and NGUS) and continue on active duty. b. All entries other than those in the PERSONAL DATA section apply to the current period of service, except that in those cases when enlisted members of the Regular Army and the reserve components were not furnished a DD Form 214 upon discharge from a previous enlistment or release from previous period of active duty, certain entries in the DD Form 214 will be adapted to cover all service not previously covered by a report of separation. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korean War Service Medal was approved by the Assistant Secretary of Defense for Force Management Policy on 20 August 1999 for acceptance and wear by veterans of the Korean War. To qualify for award of the Republic of Korea War Service Medal, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days or on temporary duty for 60 non-consecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. b. Numerals, starting with 2 will be used to denote second and subsequent awards of the Air Medal. c. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). A silver service star is worn in lieu of five bronze service stars. Authorized service stars will be worn on the appropriate campaign medal, including the Korea Service Medal and the Vietnam Service Medal. 3. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, established the standardized policy for preparing and distributing the DD Form 214. The regulation stated that all decorations, service medals, campaign credits, and badges awarded or authorized were to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). The regulation required that periods of foreign service would be recorded on the DD Form 214. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This document shows that, during the time of the applicant’s assignment to the HHC, 1st Brigade, 1st Infantry Division the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from October 1965 - 7 April 1970, based on Department of the Army General Order Number 53, dated 1970. DISCUSSION: 1. The available records do not include DD Forms 214 documenting the applicant service during the periods 2 August 1950 - 1 August 1953 and from 2 August 1953 - 1 August 1956. A DD Form 215 was issued amending the applicant's DD Form 214 for the period ending 1 August 1962 to document these periods in Item 32. The evidence would support a recommendation to further correct the DD Form 214 for the period ending 1 August 1962 by adding the statement "Served in Korea from 17 September 1950 - 2 November 1951." 2. Based on the applicant's service in Korea he is authorized the Korean War Service Medal. He participated in five campaigns and is authorized one silver service star on his Korean Service Medal. 3. Based on the applicant's service with HHC, 1st Brigade, 1st Infantry Division he is authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He participated in three campaigns in Vietnam and is authorized three bronze service stars on his Vietnam Service Medal. 4. In view of the change in Army Regulation 635-5 in February 1967, all of the applicant's awards listed on his DD Forms 214 and DA Form 20 may be recorded on his final DD Form 214 for the period ending 30 September 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006338 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006338 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2