IN THE CASE OF:	  

	BOARD DATE:	  6 May 2008

	DOCKET NUMBER:  AR20080000422 


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 November 1990 to show the Overseas Service Ribbon, the Army Service Ribbon, and the Humanitarian Service Medal. 

2.  The applicant states, in effect, that he is eligible for the Overseas Service Ribbon for his tours in Germany and Vietnam, that he is eligible for the Army Service Ribbon for his regular service, and that he is eligible for the Humanitarian Service Medal for his temporary duty at Fort Indiantown Gap in 1975.   

3.  The applicant provides no additional evidence in support of his application. 

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.  Having prior inactive service, the applicant enlisted in the Regular Army on 
24 April 1967 for a period of 3 years.  He served as a field artillery operations and intelligence specialist and was honorably discharged on 4 March 1968 to accept a commission as an officer in the Army.  He was commissioned a second lieutenant on 5 March 1968 and entered active duty.  He arrived in Vietnam on 
6 March 1969.  He was assigned to Battery C, 6th Battalion, 27th Artillery in Vietnam from 15 March 1969 through 4 March 1970.  He retired on 30 November 1990 in the rank of lieutenant colonel.    

3.  The applicant’s DD Form 214 for the period ending 30 November 1990 shows the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal with Second Oak Leaf Cluster, the “Humanitarian Award” [correctly known as the Humanitarian Service Medal],  the National Defense Service Medal, the “Vietnam Service Medal (3)” [correctly known as the Vietnam Service Medal with three bronze service stars], the Armed Forces Reserve Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Campaign Medal, and the Army General Staff Identification Badge as authorized awards.  Since the Overseas Service Ribbon and the Army Service Ribbon are shown on this DD Form 214, this portion of the applicant’s request will not be discussed further in these Proceedings.    

4.  Item 9 (Awards, Decorations and Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows the entry “HSM” [Humanitarian Service Medal] as an authorized award.  This item also shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

5.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

7.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 9 on the applicant’s DA Form 2-1 which shows the Humanitarian Service Medal is accepted as sufficient evidence on which to amend the entry, “Humanitarian Award” on his DD Form 214 for the period ending 30 November 1990. 

2.  The applicant served a period of qualifying service for a second award of the National Defense Service Medal. 

3.  Since the applicant participated in three campaigns during his assignment in Vietnam which makes him eligible to wear the Vietnam Service Medal with three bronze service stars, the entry, “Vietnam Service Medal (3)” on his DD Form 214 for the period ending 30 November 1990 should be corrected to show the Vietnam Service Medal with three bronze service stars.

4.  The entries in item 9 on the applicant’s DA Form 2-1 which show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation are accepted as sufficient evidence to amend his DD Form 214 for the period ending 30 November 1990 to show these awards.  

BOARD VOTE:

___XX___  __XX____  __XX____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the entries, “Humanitarian Award” and “Vietnam Service Medal (3)” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 30 November 1990; and  

	b.  adding the Humanitarian Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star for wear on his already-awarded National Defense Service Medal on this DD Form 214.



       _        XX          ___
       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.

ABCMR Record of Proceedings (cont)                                         AR20080000422



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ABCMR Record of Proceedings (cont)                                         AR20080000422


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