ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170015622 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer for Discharge) for period ending 30 April 1973, to reflect: * item 22c (Foreign and/or Service), foreign service calculation to include service in Korea * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons, awarded or Authorized), all medals and decorations while serving with 44th Engineer Battalion from August 1962 to August 1963 * item 30 (Remarks), "Korea-Yes" vice "Korea-No" APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 7 August 2017 * DD Form 214 for period ending 30 April 1973 * DA Form 66 (Officer Qualification Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: * take note that the attached DA Form 66 is a copy of the original chronology of service assignments which was "remade" 28 October 1963 * many of the entries within a particular assignment were lined through on the DA Form 66 * on the bottom of page 3 of this form, duty with the 44th Engineer Battalion (Construction) USARPAC (U.S. Army Pacific)-Korea shows assignment to this command * it is assumed that the administrator that prepared a new chronology of duty assignments missed this duty in Korea since most of the entries around the 44th Engineer Battalion had been lined through * it is a fact that duty in the combat zone was performed * he is reaching the end of his lifetime and his family desires to display all his medals, decorations, and unit citations along with the American Flag 3. A review of the applicant’s service records shows: * on 25 January 1952, he was appointed as an Officer of the Reserve Corps * on 12 March 1952, he was appointed as an Officer in the Regular Army * on 20 April 1952, he entered active duty 4. His DA Form 66 shows: * item 17 (Foreign Service): * he served in Germany from 4 November 1952 to 11 September 1955 (2 years, 10 months, and 8 days) * he served in Korea from 23 July 1962 to 3 August 1963 (1 year and 12 days) * he served in Vietnam from 2 April 1969 to 19 March 1970 (11 months and 18 days) * he served in Honduras from 29 May 1967 to 19 February 1969 (1 year, 8 months, and 22 days) * item 18 (Record of Assignments): * he served in various stateside and overseas assignments * during his service in Germany he was assigned to: * Company C, 982nd Engineer Battalion (Construction) (EBC) from 4 November 1952 to 8 January 1953 * Company A, 982nd EBC from 9 January 1953 to 31 July 1953 * Headquarters Company, 982nd EBC from 1 August 1953 to 31 January 1955 * Headquarters Company, U.S. Army Europe Communications Zone from 1 February 1955 to on or around 11 September 1955 * during his service in Korea he was assigned to: * Headquarters and Headquarters Company, 44th Engineer Battalion (Construction) from 1 August 1962 to 7 October 1962 * Headquarters, 44th Engineer Battalion from 8 October 1962 to on or around 3 August 1963 * during his service in Honduras he was assigned to: * U.S. Army Element U.S. Military Group (USA Elm USMILGP) from 17 April 1967 to 11 May 1967, as a student * USA Elm USMILGP from 29 May 1967 to on or around 19 February 1969 * during his service in Vietnam he was assigned to: * Headquarters, 159th Engineer Group (Construction) from 5 April 1969 to 18 June 1969 * Headquarters, 169th Engineer Group (Construction) from 19 June 1969 to 18 July 1969 * Headquarters, 159th Engineer Group (Construction) from 19 July 1969 to 22 October 1969 * U.S. Army Engineer Construction Agency from 23 October 1969 to 31 January 1970 * U.S. Army Engineer Command Vietnam (Provisional) from 1 February 1970 to on or around 19 March 1970 * item 21 (Awards and Decorations) * National Defense Service Medal (1st Oak Leaf Cluster) * Joint Service Commendation Medal (1st Oak Leaf Cluster) * Vietnam Service Medal * Bronze Star Medal (1st Oak Leaf Cluster) * Republic of Vietnam Campaign Medal with 60 Device * 2 overseas service bars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 5. He retired on 30 April 1973. His DD Form 214 shows: * item 22c (Foreign Service/or Sea Service), "6/6/28" (6 years, 6 months, and 28 days) * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons, awarded or Authorized), he was awarded or authorized: * National Defense Service Medal (1st Oak Leaf Cluster) * Meritorious Unit Commendation * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with 60 Device * Republic of Vietnam Actions Honor Medal, First Class Unit Citation * 2 overseas service bars * Joint Service Commendation Medal (1st Oak Leaf Cluster) * Bronze Star Medal (1st Oak Leaf Cluster) * Meritorious Service Medal * item 30 (Remarks), "Korea-No" 4. The applicant provides DA Form 66 with pen and ink changes of pages and various assignments crossed out. 5. The applicant served in Germany, Honduras, Korea, and Vietnam. His foreign service on his DD Form 214 is listed as 6 years, 6 months, and 28 days. The calculations for his foreign service including his service in Korea, with a combined total of approximately 6 years and 7 months. 6. For officer personnel, among other entries, item 30 (Remarks) of DD Form 214 is used to indicate whether the officer served in Indochina and Korea on or after 5 August 1964. The applicant served in Indochina on or after 5 August 1964, but did not serve in Korea on or after this date. 7. He met the criteria for award of the Korea Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that partial relief was warranted. The Board found that the Foreign Service calculation on the original DD214 of the applicant was done correctly; therefore, no relief was warranted relating to that portion of the request. However, based upon the applicant’s service record, the Board did find that the applicant was entitled to the additional awards reflected in the recommendation below and that the minor correction in Item 30 of the DD214 also reflected in the Board recommendation below be corrected. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant X X X Partial Grant : : : Formal Hearing Grant : : : Deny ? 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 ending 30 April 1973 by adding to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons, awarded or Authorized), the Korea Defense Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The Board also determined that in item 30 of the DD214, dated 30 April 1973, the entry “Korea – No” should be amended to read “Korea – Yes” based upon the applicant’s service in Korea. 3. 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 item 22c (Foreign and/or Sea Service) and item 30 (Remarks). 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Separation 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. It stated: a. For item 22c (Foreign Service), enter from item 17, DA Form 66, the total period of foreign service during the current tour of duty computed as provided in AR 611-103 (Personnel Selection and Classification – Officer Qualification and Classification). b. For item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons, awarded or Authorized), enter from item 21, DA Form 66, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. c. For item 30 (Remarks), will be used to complete entries too long for their respective blocks. When used for cross-reference, the item number must precede the continued information. For officer personnel indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entries are as follows: To show service in Vietnam only, "Vietnam- 25 Apr 70 through 28 May 71, Indochina-yes, Korea-no." 3. AR 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. 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. ABCMR Record of Proceedings (cont) AR20170015622 2