IN THE CASE OF:	  

		BOARD DATE:	       31March 2009

		DOCKET NUMBER:  AR20090000676 


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, in effect, that the records of his deceased father, a former service member (FSM), be corrected to show all of his authorized awards and that the FSM retired in the rank of Master Sergeant (MSG)/pay grade E-8.

2.  The applicant states, in effect, he believes the FSM’s discharge document is incorrect because the decorations his father had and the ribbons he wore on his uniform are not all recorded on his discharge document.  The applicant also states he did not know his father’s discharge document was in error until after he passed away and he was told the Bronze Star Medal could not be engraved on the FSM’s headstone because it was not recorded on his discharge document.  The applicant adds that his father would not have worn any decoration on his uniform that he did not earn and further states that he believes the FSM retired in the rank of MSG.

     a.  The applicant states that the FSM’s discharge document should show he was awarded the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal (2nd Oak Leaf Cluster), Army Achievement Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign Medal with Device, Meritorious Unit Commendation, Driver’s Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 5 Overseas Service Bars.

     b.  The applicant states that the FSM’s discharge document shows the Army Commendation (2nd Oak Leaf Cluster), Army Achievement Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal, Army Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign Medal with Device, Driver’s Badge, and 5 Overseas Service Bars.

3.  The applicant provides copies of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
18 March 1963; DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 28 February 1985; Commonwealth of Virginia - Certificate of Death, Department of Health - Division of Vital Records, Richmond, Virginia, issued 6 June 2008; photograph of the FSM in uniform, undated; photograph of a ribbon rack, undated; and Medals of America Online, Ribbon Choices, dated 20 October 2008.

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 FSM's military service records are not available to the Board for review. However, based upon documents provided by the applicant, there were sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214 with an effective date of 18 March 1963 shows he enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 30 September 1959.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) shows the FSM completed the Light Vehicle Driver course (from 5 December 1959 to
12 February 1960) at the U.S. Army Training Center, Infantry (Fort Benning, Georgia), and Item 25a (Specialty Number and Title) shows he was awarded military occupational specialty (MOS) 640.00 (Light Vehicle Driver).  Item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the FSM was awarded the Good Conduct Medal and Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.  Item 32 (Remarks), in pertinent part, shows the applicant voluntarily extended his enlistment for a period of 6 months on 2 July 1962.  The DD Form 214 also shows the FSM was honorably released from active duty on 18 March 1963, in the grade of Specialist 4/pay grade E-4, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 3 years, 5 months, and 19 days of net active service this period and 1 year, 8 months, and 2 days of foreign service in U.S. Army Europe (USAREUR).

4.  The FSM's DD Form 214 with an effective date of 28 February 1985 shows he entered active duty in the RA this period on 25 September 1979.  Item 14 (Military Education) shows the FSM completed the 7-week Unit Supply Training course in 1967, 1-week of Instructor Training in 1969, and the 7-week Motor Transport Operator course in 1969.  Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows he held MOS 64C (Motor Transport Operator) for 14 years and 9 months, and MOS 76Y (Unit Supply Specialist) for 17 years and 4 months.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the FSM was awarded the Army Commendation (2nd Oak Leaf Cluster), Army Achievement Medal, Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral “2”, Republic of Vietnam Campaign Medal with Device, Driver’s Badge, and 5 Overseas Service Bars.  The DD Form 214 also shows the FSM was honorably retired from active duty on 18 March 1963, in the grade of Sergeant First Class (SFC)/pay grade E-7, and transferred to the USAR Control Group (Retired), Reserve Component Personnel Administration Center, St. Louis, Missouri.  At the time he had completed 5 years, 5 months, and 5 days of net active service this period; 18 years, 5 months, and 24 days of total prior active service; 1 year, 6 months, and 2 days of total prior inactive service; and
3 years, 1 month, and 10 days of foreign service.

5.  In support of this application, the applicant provides copies of the following documents.

     a.  The FSM’s DD Forms 214 with effective dates of 18 March 1963 and
28 February 1985.  These two documents were previously introduced and considered in this Record of Proceedings.

     b.  Commonwealth of Virginia - Certificate of Death, Department of Health - Division of Vital Records, Richmond, Virginia, issued 6 June 2008, that shows, the FSM died on 2 June 2008 and that the applicant is listed as the FSM’s son and the informant or source of information regarding the FSM’s death.
     c.  Photograph of the FSM in uniform, undated, that shows the FSM wearing the following ribbons and badges:  Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal with 1 bronze loop, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with (an indistinguishable) Bar.  The photograph also shows the FSM wearing the shoulder sleeve insignia of grade representing the rank of SFC (E-7).

     d.  Photograph of a ribbon rack, undated, with the hand written caption “Most Recent Photo (Photo was taken before burel (sic)” and shows the following ribbons and badges:  Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, Army Good Conduct Medal with 1 bronze loop, National Defense Service Medal, Vietnam Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral “4”, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with (an indistinguishable) Bar.

     e.  Medals of America Online, Ribbon Choices, dated 20 October 2008, that contains the hand written note “What he should have” and shows, in pertinent part, the following ribbons:  Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal with 1 bronze loop, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral “5”, and Republic of Vietnam Campaign Medal with Device (1960).  It also shows the Meritorious Unit Commendation ribbon to be worn over the right breast pocket.

6.  There is insufficient evidence in the available military personnel records to determine the FSM’s periods of service in Vietnam, the number of overseas tours he completed, or his assignment history during his military service.

7.  The applicant’s available military personnel records are absent any evidence to show he was awarded the Bronze Star Medal.  In addition, a search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U,S. Army Human Resources Command (USA HRC), failed to produce orders showing award of the Bronze Star Medal to the FSM.

8.  The applicant’s available military personnel records are absent orders or any evidence to show he was awarded the Meritorious Service Medal.

9.  The applicant’s available military service records are absent any evidence that he completed a Noncommissioned Officers’ Academy Course, Primary Leadership Development Course, or any course related to the Noncommissioned Officer Education System (NCOES).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must have been meritorious and accomplished with distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  Army Regulation 600-8-22 shows the Noncommissioned Officer Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses.  The regulation governing this award provides that graduates of Noncommissioned Officer Academy Courses conducted prior to 1976 for the Active Army and conducted prior to 1980 for Reserve Components will be given credit for the Primary Level only.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

15.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, 
discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

18.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.

     a.  Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) states, “Enter active duty grade of rank and pay grade at time of separation.”

     b.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained therein.  Block h (Effective Date of Pay Grade) states to enter the effective date of promotion to pay grade.
     c.  Item 13 states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

     d.  Item 14, in pertinent part, states that formal in-service, full-time attendance training courses successfully completed during the period of service covered will be listed by showing title, length in weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM’s discharge document should be corrected to show all of his authorized awards, including the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal (2nd Oak Leaf Cluster), Army Achievement Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign Medal with Device, Meritorious Unit Commendation, Driver’s Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 5 Overseas Service Bars.  He also contends the FSM’s DD Form 214 should be corrected to show the FSM’s rank was MSG (E-8) at the time he retired from active duty.

2.  The evidence of record shows the FSM was promoted to the rank of SFC
(E-7) effective 19 March 1973, he retired from active duty in the rank of SFC
(E-7), and transferred to the USAR Control Group (Retired) in the rank of SFC (E-7).  There is no evidence of record and the applicant provides insufficient evidence to show that the FSM was promoted to the rank of MSG (E-8) or that he retired from active duty in the rank of MSG (E-8).  Therefore, there is insufficient evidence to support the applicant’s request to correct the FSM’s records in this instance.

3.  The evidence of record shows that the FSM’s DD Form 214 issued at the time of his retirement on 28 February 1985 documents that he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster), Army Achievement Medal, Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral “2”, Republic of Vietnam Campaign Medal with Device, Driver’s Badge, and
5 Overseas Service Bars.  Therefore, based on the available evidence, no action is required by the Board to correct the FSM’s records to show these awards and decorations.


4.  The evidence of record shows the FSM was authorized the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct the FSM’s 28 February 1985 DD Form 214 to show this badge with the component bar.

5.  There are no orders or other evidence in the FSM’s available military personnel records or in the USA HRC, ADCARS, that show the FSM was awarded the Bronze Star Medal.  In addition, the applicant provides no official documentary evidence pertaining to the FSM’s award of the Bronze Star Medal. Therefore, there is insufficient evidence to support the applicant’s request to correct the FSM’s records to show award of the Bronze Star Medal.

6.  There are no orders or other evidence in the FSM’s available military personnel records that show the FSM was awarded the Meritorious Service Medal.  In addition, the applicant provides no official documentary evidence pertaining to the FSM’s award of the Meritorious Service Medal. Therefore, there is insufficient evidence to support the applicant’s request to correct the FSM’s records to show award of the Meritorious Service Medal.

7.  The available evidence of record shows the FSM was authorized to wear
5 Overseas Service Bars on his Army uniform, which represents the completion of 30 months of overseas service in Vietnam.  However, the FSM’s periods of service in Vietnam cannot be determined from the available military personnel records.  Thus, the campaigns the FSM participated in cannot be determined. Therefore, there is insufficient evidence to authorize 2 bronze service stars to be affixed to the FSM’s Vietnam Service Medal at this time.

8.  There is insufficient evidence in the available military personnel records to determine the FSM’s units of assignment during his service in Vietnam.  Thus, there is insufficient evidence to determine if any of the applicant’s units were awarded the Meritorious Unit Commendation or any other unit award(s).  Therefore, there is insufficient evidence to support the applicant’s request to correct the FSM’s records to show any unit awards at this time.

9.  The sincerity of the applicant’s comments in his writings concerning the FSM’s integrity regarding the wearing of his awards and decorations is not in question.  However, based on the available evidence, there is insufficient evidence upon which to authorize correction of the FSM’s records to show the additional awards and decorations in this instance.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to item 13 of his 28 February 1985 DD Form 214 the “Expert Marksmanship Qualification Badge with Rifle Bar.”

2.  The Board further determined that 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 the FSM’s grade, the Bronze Star Medal, Meritorious Service Medal, Vietnam Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon, and Meritorious Unit Commendation.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM’s service in arms.




      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20090000676



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000676



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1