IN THE CASE OF:	  

		BOARD DATE:	       4 AUGUST

		DOCKET NUMBER:  AR20090004319 


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 Meritorious Service Medal (MSM) be added to his record and 31 July 1979 DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states, in effect, he only found out he was awarded the MSM about 3 years ago and would like it added to his record and DD Form 214.

3.  The applicant provides no documentary evidence in support of the 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.  The applicant's record shows he initially enlisted in the Regular Army and entered active duty on 31 May 1959.  It also shows he was promoted to sergeant first class (SFC) on 24 December 1969 and that this is the highest rank he attained while serving on active duty.  It also shows that he completed two overseas tours in Germany from 9 March 1960 through 10 January 1963 and 19 January 1978 through 16 July 1979 and a tour in Korea from 24 November 1964 through 7 December 1965.  It also shows he completed two tours in the Republic of Vietnam (RVN), the first from 26 July 1966 through 26 April 1969 and the second from 29 August 1970 through 28 August 1971.  During his first RVN tour he served with the 229th Aviation Battalion, 1st Cavalry Division, and during his second tour he served with the 334th Aviation Company (Attack Helicopter), 3rd Squadron, 17th Air Cavalry Regiment.

3.  The applicant's record also shows that he earned the following awards during his active duty tenure:  Army of Occupation Medal (AOM)-Berlin, Army Good Conduct Medal (AGCM) (6th Award), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Aircraft Crewmember Badge (ACB), Combat Infantryman Badge (CIB), Air Medal (AM), Bronze Star Medal (BSM) with 1st Oak Leaf Cluster (2nd Award), Purple Heart (PH), Air Medal (AM) with Numeral 14 (14th Award), and Republic of Vietnam Campaign Medal (RVNCM) with Device (1960).

4.  The applicant's official military personnel file (OMPF) contains Headquarters, 3rd Armored Division, Permanent Orders 54-11, dated 11 May 1979, which awarded the applicant the MSM for exceptionally meritorious service during the period 19 January 1978 through 1 July 1979.

5.  On 31 July 1979, the applicant was honorably released from active duty for retirement in the rank of SFC after completing 20 years and 2 months of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  AOM-Berlin, AGCM (6th Award), NDSM, VSM, ACB, CIB, AM, BSM with 1st Oak Leaf Cluster (2nd Award), PH, AM (14th Award), and RVNCM with Device (1960).

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is awarded in lieu of five bronze service stars to denote participation in five campaigns.

7.  Table B-1 of the awards regulation contains a list of RVN campaigns and shows that during the applicant's two tours of service in the RVN, participation credit was granted for the following nine campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive, Vietnam Counteroffensive Phase VII, and Consolidation I.

8.  Paragraph 2-20 of the awards regulation contains guidance on the Korea Defense Service Medal (KDSM) and states, in pertinent part, that it is awarded for 30 consecutive or 60 non-consecutive days of service in Korea from 28 July 1954 to a date to be determined.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s units received the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

10.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's retirement provided for entering all awards earned during the entire period of Army service in item 26 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MSM should be added to his record and DD Form 214 was carefully considered and found to have merit.  The applicant's OMPF contains orders published on 11 May 1979 which awarded him the MSM for his exceptionally meritorious service during the period 19 January 1978 through 1 July 1979.  As a result, it would be appropriate to add this award to item 26 of his DD Form 214.

2.  The evidence of record also confirms that based on his RVN service and campaign participation, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star and four bronze service stars with his VSM.  In addition, based on his qualifying service in Korea, he is eligible for the KDSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.


BOARD VOTE:

___X____  ___X_____  ___X_____  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 amending item 26 of his 31 July 1979 DD Form 214 by adding the Meritorious Service Medal, Korea Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Commendation, and one silver service star and four bronze service stars to his Vietnam Service Medal and by providing him a correction to his DD Form 214 that includes these changes.



      _____________XXX____________
                 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)                                         AR20090004319



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ABCMR Record of Proceedings (cont)                                         AR20090004319



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