ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20180004619


APPLICANT REQUESTS:  correction of his DD Form 214 to reflect:

*	 Foreign service credit in Korea (1 year, 6 months and 26 days) 
*	 Foreign service credit in Germany (1 year, 7 months and 8 days)
*	Foreign service credit in Vietnam (1 year, 2 months 28 days)
*	Award of the Republic of Vietnam Gallantry Cross Unit Citation Badge
*	Award of the Korea Defense Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Letter from the National Archives and Records Administration (NARA)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), 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 provides a:

*	DD Form 214 covering the period of 20 June 1957 through 17 June 1960
*	DD Form 214 covering the period of 6 September 1961 through 30 May 1963
*	DD Form 214 covering the period of 31 May 1963 through 29 May 1969
*	letter from the NARA reflecting his entitlement to multiple awards including the 
Korea Defense Service Medal and the Republic of Vietnam Gallantry Cross with 
Palm Device Unit Citation

3.  A review of the applicant’s service record shows that he was inducted into the Army 
on 20 June 1957.  Reflected on his DA Form 20 (Enlisted Qualification Record) is 
service in: 

*	Korea - March 1958 through September 1959 (1 year, 6 months)
*	Germany – 23 October 1961 through 31 August 1963 (1 year, 10 months) 
*	Vietnam – 27 January 1965 through 24 January 1966 (12 Months)

4.  The applicant did not provide nor does review of his records reflect orders to any of 
the previously mentioned foreign countries however, they are chronologically listed 
within his Enlisted Qualification Record.  The actual beginning and ending dates of his 
tours are inconclusive.

5.  Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors – Military Awards) 
states that the Republic of Vietnam Gallantry Cross Unit Citation Badge is awarded by 
the Vietnamese government to units for valorous combat achievement.  To be awarded 
this badge, an individual must be assigned to a unit during the period of action cited, or 
an individual who was attached by competent orders to a unit for a minimum of 30 
consecutive days of the period of action cited.  Authorization for this award will be 
announced in Department of the Army General Orders.  The Korean Defense Service 
Medal was authorized by Section 543, National Defense Authorization Act, 2003, PL 
107–314. It is authorized for award to Service 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.  Service members must have been assigned, attached, or 
mobilized to units operating in the area for 30 consecutive or for 60 nonconsecutive 
days. 

6.  As indicated on the DA Form 20, the applicant was assigned to the 39th Signal 
Battalion during the Vietnam War.  

7.  AR 635-5 (Personnel Separations – Separation Documents) states that item 11 of 
the DD Form 214 will contain the last duty assignment and the major command to which 
the Soldier was assigned.  Foreign Service will be reflective of the total active duty time 
spent outside the continental United States for the period being covered on the form 
and the location of the last overseas theater in which service was performed. 


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, entries on his DA Form 20 and those on his separation documents.  The Board 
found that his foreign service was properly recorded in items 24 or 22 (Statement of 
Service, Foreign and or Sea Service) on his DD Forms 214 and that his service in 
Germany and Vietnam were annotated in Remarks on his DD Form 214 for the period 
of service ending 29 May 1969.  The Board found, based on his assignments, that he 
met the criteria for award of both the Korea Defense Service Medal and the Republic of 
Vietnam Gallantry Cross Unit Citation Badge.  Based upon a preponderance of 
evidence, the Board determined that corrections to the applicant’s record were 
appropriate to reflect omitted items. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: :X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 of service ending 17 Jun 1960 
to add to item 24c (Foreign and/or Sea Service) – “Korea” and to item 26 (Decorations, 
Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or 
Authorized) -  “Korea Defense Service Medal”;
	b. Amending his DD Form 214 for the period of service ending 30 May 1963 
to add to item 24e (Foreign and/or Sea Service) – “Germany” and to item 26 
(Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons 
Awarded or Authorized) -  “Korea Defense Service Medal”, and;
	c. Amending his DD Form 214 for the period of service ending 29 May 1969 
to add to item 24 (Decorations, Medals, Badges, Commendation, Citations and 
Campaign Ribbons Awarded or Authorized) – “Korea Defense Service Medal” and 
“Republic of Vietnam Gallantry Cross Unit Citation Badge.”


	  
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, USC, 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.  Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors – Military Awards) 
states that the Republic of Vietnam Gallantry Cross Unit Citation Badge is awarded by 
the Vietnamese government to units for valorous combat achievement.  To be awarded 
this badge, an individual must be assigned to a unit during the period of action cited, or 
an individual who was attached by competent orders to a unit for a minimum of 30 
consecutive days of the period of action cited.  Authorization for this award will be 
announced in Department of the Army General Orders.  The Korean Defense Service 
Medal was authorized by Section 543, National Defense Authorization Act, 2003, PL 
107–314. It is authorized for award to Service 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.  Service members must have been assigned, attached, or 
mobilized to units operating in the area for 30 consecutive or for 60 nonconsecutive 
days. 

3.  AR 635-5 (Personnel Separations – Separation Documents) states that item 11 of 
the DD Form 214 will contain the last duty assignment and the major command to which 
the Soldier was assigned.  Foreign Service will be reflective of the total active duty time 
spent outside the continental United States for the period being covered on the form 
and the location of the last overseas theater in which service was performed. 


ABCMR Record of Proceedings (cont)	 AR20180004619

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