IN THE CASE OF:	

		BOARD DATE:	        16 JULY 2009

		DOCKET NUMBER:  AR20090010159 


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) to show award of three Meritorious Service Medals.

2.  The applicant states that the third award of the Meritorious Service Medal was not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Meritorious Service Medal with second oak leaf cluster 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.  At the time of his application, the applicant was a retired lieutenant colonel, United States Army.

3.  On 25 January 1959, the applicant was commissioned as a second lieutenant, United States Army Reserve.

4.  On 8 August 1963, the applicant entered active duty as an infantry officer.  He served through a series of assignments and attained the rank of lieutenant colonel on 8 March 1977.

5.  Records show that the applicant was assigned for duty with the United States Military Assistance Command, Vietnam, during the periods from 15 October 1965 to 30 October 1966 and from 5 October 1972 to 25 January 1973.  He also was assigned for duty with Headquarters and Headquarters Company, 23d Infantry (Americal) Division, in the Republic of Vietnam from 9 March 1969 to 30 July 1969.

6.  A Meritorious Service Medal Certificate, dated 25 June 1976, indicates that the applicant was awarded this medal for displaying characteristics of leadership, loyalty, and sound judgment long recognized as standards of performance and conduct of the most professional and dedicated Soldiers.  The orders authorizing this award are not available for review.

7.  Permanent Orders 76-4, Headquarters, Sixth United States Army, dated 27 June 1980, awarded the applicant the Meritorious Service Medal with first oak leaf cluster for meritorious service during the period from 4 July 1977 to 21 April 1980.

8.  On or about 29 April 1980, the applicant was assigned to the Republic of Korea for duty with the 19th Support Command.  He returned to the United States on or about 13 May 1982.

9.  Permanent Orders 043-001, United States Army Training Center, Fort Jackson, dated 27 March 1986, awarded the applicant the Meritorious Service Medal with second oak leaf cluster for meritorious service during the period from 25 June 1982 to 30 April 1986.

10.  On 30 April 1986, the applicant was retired for length of service.  He had completed 23 years, 11 months, and 1 day of creditable active duty service.

11.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 list his awards as the National Defense Service Medal, Air Medal, [Republic of] Vietnam Campaign Medal, Vietnam Service Medal with one silver service star and three bronze service stars, Parachutist Badge, Army Service Ribbon, Overseas Service Ribbon, [Republic of] Vietnam Gallantry Cross with Palm [Unit Citation], Combat Infantryman Badge, Army Commendation Medal with one oak leaf cluster, Meritorious Service Medal with one oak leaf cluster, and the Bronze Star Medal with four oak leaf clusters.  It does not show award of a second oak leaf cluster for the Meritorious Service Medal.

12.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows, in part, that he qualified as an expert marksman with the M14 rifle and the .45 caliber pistol.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that United States Military Assistance Command, Vietnam, was cited in Department of the Army General Orders (DAGO) Number 10, dated 1968, for award of the Meritorious Unit Commendation during the time of the applicant's assignment.  This publication also shows that Headquarters and Headquarters Company, 23d Infantry Division, was cited in DAGO Number 53, dated 1970, for award of the Meritorious Unit Commendation during the applicant's assignment.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to 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 area of eligibility and the period of eligibility are as follows:  a) service members of the Armed Forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

15.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is issued to denote award of second and succeeding awards of decorations including the Meritorious Service Medal and the Meritorious Unit Commendation.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his third award of the Meritorious Service Medal.

2.  Permanent orders clearly show that the applicant was awarded three Meritorious Service Medals.  Therefore, his DD Form 214 should be corrected to show all of these awards.

3.  Both of the applicant’s Vietnam units were cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show these two awards.

4.  Records show that the applicant served a qualifying tour of duty in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Records show that the applicant qualified as an expert marksman with the M14 rifle and the .45 caliber pistol.  Therefore, his DD Form 214 should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.

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:

	a.  deleting the Meritorious Service Medal with one oak leaf cluster from his DD Form 214 and



	b.  adding the Meritorious Service Medal with two oak leaf Clusters, Korea Defense Service Medal, Meritorious Unit Commendation with one oak leaf cluster, and Expert Marksmanship Qualification Badge with Rifle and Pistol Bars to his DD Form 214.



      _________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)                                         AR20090010159



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ABCMR Record of Proceedings (cont)                                         AR20090010159



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