IN THE CASE OF:	  

		BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090004440 


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 Bronze Star Medal (BSM), Army of Occupation Medal with Berlin Clasp (AOM-Berlin), and Dominican Republic Citation be added to his 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, he believes the awards in question were forgotten and erroneously omitted from his DD Form 214.

3.  The applicant provides his DD Forms 214 and pages 2 and 4 of his 
DA Form 20 (Enlisted Qualification Record) 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.  The applicant's record shows he initially enlisted in the Regular Army (RA) and entered active duty on 7 April 1960.  His DA Form 24 (Service Record) for this period of active duty service shows, in Section 4 (Chronological Record of Military Service), that he served in Seckenheim, Germany, APO 403, from 
14 November 1960 through 16 March 1963.  Section 9 (Medals, Decorations, and Citations) shows that during this period of active duty service he earned the Army Good Conduct Medal (AGCM) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

3.  On 25 March 1963, he was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), after completing 2 years, 11 months, and 
19 days of active military service.  The DD Form 214 he was issued at the time shows that during this period of active duty service he earned the AGCM and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It further shows that upon his REFRAD he was transferred to the United States Army Reserve (USAR) to complete his military service obligation.  

4.  On 9 November 1964, the applicant reenlisted in the RA and reentered active duty.  His DA Form 20 shows, in Item 31 (Foreign Service), that he served in Germany from 14 October 1960 through 4 March 1963, the Dominican Republic from 29 April through 8 June 1965, and in the Republic of Vietnam (RVN) from 19 November 1966 through 25 October 1967.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that while assigned to Headquarters and Headquarters Company, 3rd Brigade, 
Fort Bragg, North Carolina the applicant went on temporary duty (TDY) to the Dominican Republic.  It also shows that during his RVN tour he was assigned to the Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry, 199th Infantry Brigade from 19 December 1966 through 20 February 1967, and to the Signal Company, 5th Special Forces Group, from 21 February through 
23 October 1967.  

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  Parachutist Badge, Armed Forces Expeditionary Medal (AFEM)-Dominican Republic, Combat Infantryman Badge (CIB), National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


7.  The applicant's Official Military Personnel File (OMPF) contains United States Army Vietnam, General Orders Number 5977, dated 19 November 1967, which awarded the applicant the BSM for his meritorious service in connection with military operations against a hostile force during the period December 1966 through November 1967.  The OMPF is void of any orders or other documents that show he served in Berlin at any time during his active duty tenure.  

8.  On 26 October 1967, the applicant was honorably discharged, in the rank of SGT, after completing 2 years, 11 months, and 18 days of active military service. Item 24 (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 during this period of active duty service:  Parachutist Badge, AFEM, CIB, NDSM, VSM, and VCM. 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-12 of the awards regulation contains guidance on the AFEM.  It provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM is authorized for service in the Dominican Republic for the period 28 April 1965 through 21 September 1966.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.

11.  Paragraph 5-11 of the awards regulation contains guidance on award of the AOM.  It states, in pertinent part, that the Army of Occupation of Berlin covers the period between 9 May 1945 and 2 October 1990.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his units earned the RVN Civil Actions Honor Medal with First Class Citation, Presidential Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the BSM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service during the period December 1966 through November 1967, as evidenced by the BSM orders contained in his OMPF.  As a result, it would be appropriate to add the BSM to the list of awards contained in item 24 of his 1967 DD Form 214 at this time.

2.  The applicant's contention that his award for service in the Dominican Republic should be listed on his 1967 DD Form 214 was also carefully considered and found to have merit.  The evidence of record confirms the applicant served in the Dominican Republic from 29 April 1965 through 8 June 1965, and that he was awarded the AFEM for this service, as evidenced by entries on his DA Form 20.  As a result, the AFEM entry on his 1967 DD Form 214 should be amended to show it was awarded for service in the Dominican Republic as follows "Armed Forces Expeditionary Medal-Dominican Republic."

3.  The evidence of record also shows that based on his RVN service and campaign participation, he is also eligible for the RVN Civil Actions Honor Medal with First Class Unit Citation, Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his 1967 DD Form 214 at this time.

4.  The applicant's contention that he is eligible for the AOM-Berlin was also carefully considered.  However, although the AOM for Berlin is authorized for service in Berlin during the period between 9 May 1945 and 2 October 1990, the applicant's record fails to show he served in Berlin during his tour of duty in Germany.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 
amending item 24 of his DD Form 214 for the period ending 26 October 1967 by deleting the current Armed Forces Expeditionary Medal entry and replacing it with the entry "Armed Forces Expeditionary Medal- Dominican Republic" and adding the Bronze Star Medal, Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his Vietnam Service Medal and by providing him a correction to his DD Form 214 that reflects these changes.

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 award of the Army of Occupation Medal for service in Berlin.  




      _______ _   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)                                         AR20090004440



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ABCMR Record of Proceedings (cont)                                         AR20090004440



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