IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160015945 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 IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160015945 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 10 June 1971 by: a. deleting the current entry in item 1 (Last Name – First Name – Middle Name), and replacing it with the entry shown in item 1 of his DD Form 214 for the period ending 10 August 1971; and b. deleting the Vietnam Service Medal in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and adding the: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) c. issuing him an Honorable Discharge Certificate for the period 11 June 1969 to 1 June 1975. 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 to show he was awarded the Bronze Star Medal. _____________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. IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160015945 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), for the period ending 10 June 1971, to show the correct spelling of his last name and to show unspecified missing awards. He further requests he be awarded the Bronze Star Medal and that he be issued an Honorable Discharge Certificate. 2. The applicant states his last name is spelled Ko _ _ _ _ but his DD Form 214 shows his last name as Kl _ _ _ _. He also states he is missing commendations and medals that should have been awarded to him for his service in the Republic of Vietnam, such as the Bronze Star Medal. He further contends that he did not receive an Honorable Discharge Certificate upon his discharge from the Army. 3. The applicant provides his DD Form 214 for the period ending 10 June 1971 and a notarized 3-page witness statement. 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 completed a DD Form 398 (Statement of Personal History) on 3 June 1969 wherein he listed his last name as Ko _ _ _ _. 3. The applicant was inducted into the Army of the United States on 11 June 1969. 4. Special orders published on 25 July 1969 awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Special orders published on 24 September 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he arrived in Vietnam on 11 November 1969 * item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 501st Infantry Regiment from 22 November 1969 to 3 July 1970 * item 38, he was assigned to Company A, 1st Battalion, 327th Infantry Regiment from 4 July to 14 August 1970 * item 38, he was assigned to the 249th General Hospital, in a patient status, from 15 August to 6 September 1970 6. The applicant was returned to the U.S. on or around 6 September 1970. On 27 April 1971, he requested a two-month extension on active duty, which was approved the next day. This extension changed his expiration of term of service (ETS) date from 10 June 1971 to 10 August 1971. 7. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) on 10 June 1971 (his original ETS). He was issued a DD Form 214 that shows his last name as Kl _ _ _ _. The DD Form 214 also shows he was awarded or authorized the: * Air Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device 1960 * Combat Infantryman Badge * two overseas service bars 8. The applicant entered active duty as a member of the USAR on 11 June 1971 and he was honorably released from active duty and transferred to the USAR to complete his remaining service obligation on 10 August 1971. He was issued a DD Form 214 for this two-month period of active service that shows he was awarded the Army Good Conduct Medal (1st Award). The DD Form 214 shows the spelling of his last name as Ko _ _ _ _, the spelling the applicant contends is correct. 9. The applicant was honorably discharged from the USAR on 1 June 1975. His available military records do contain an Honorable Discharge Certificate. 10. There are no orders or any other evidence in the applicant's available records that show he was recommended for or awarded the Bronze Star Medal. 11. 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 the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal pertaining to the applicant. 12. The applicant provides a notarized 3-page witness statement, provided by a person claiming he served with the applicant in Vietnam, which essentially describes the applicant's heroic actions while serving in Vietnam. The statement provider also indicates he believes the applicant should be awarded the Bronze Star Medal for valor based on his actions in Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during the applicant's service in Vietnam, participation credit was awarded for three campaigns. 2. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that during the applicant's assignment to the 1st Battalion, 501st Infantry Regiment, this unit was cited in Department of the Army general orders for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant completed a DD Form 398 prior to his induction into the Army of the United States, wherein he listed his last name as Ko _ _ _ _. It appears that during the preparation of his DD Form 214 for the period ending 10 June 1971, an administrative error occurred that resulted in his last name being incorrectly listed. 2. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal; however, he participated in three campaigns during his service in Vietnam. Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal. The bronze service stars are not shown on his DD Form 214. 3. Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). These marksmanship qualification badges are not shown on his DD Form 214. 4. DA PAM 672-3 shows his unit of assignment during his service in Vietnam was cited in Department of the Army general orders for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Additionally, all units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. 5. The applicant also requested he be issued an Honorable Discharge Certificate. The evidence shows he was honorably discharged from the USAR on 1 June 1975 after completing his military service obligation. It would be appropriate to issue him at this time an Honorable Discharge Certificate for the period 11 June 1969 to 1 June 1975. 6. The available evidence does not indicate the applicant was either recommended for or awarded the Bronze Star Medal. A recommendation to deny relief with regard to the Bronze Star Medal will in no way affect his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015945 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015945 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2