IN THE CASE OF:	

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090013427 


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 (Armed Forces of the United States Report of Transfer or Discharge) effective 31 March 1974 to show award of the Meritorious Service Medal and the Army Commendation Medal with "V" Device.  He also requests correction of his two DD Forms 214 effective 12 September 1966 and 12 September 1969 to show his correct social security number.  He states he lost his medals in Hurricane Katrina and further requests to be issued all of his awarded or authorized decorations.

2.  The applicant states that he was awarded the Meritorious Service Medal, but it was not shown on his DD Form 214.  He also contends that he should have received a "V" Device to affix to his Army Commendation Medal.

3.  The applicant provides copies of his DD Forms 214 effective 12 September 1966, 12 September 1969, and 31 March 1974; General Orders Number 512, dated 6 November 1964, awarding him the Army Commendation Medal with "V" Device; a letter of transmittal for award of the Meritorious Service Medal, dated 31 May 1974; his social security card, his Veterans Administration card; and his Medicare Health Insurance card 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 requests the replacement of his lost badges and medals.  Army retirees and veterans who terminated their service prior to 1 October 2002 must submit requests for issuance to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, Missouri  63132.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Requests submitted to the NPRC may be submitted via a letter or by Standard Form 180 (which can be obtained on line).  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate the request.  Based on the information provided, the applicant's request for replacement of lost badges and medals will not be discussed further in this Record of Proceedings.

3.  At the time of his application, the applicant was a Regular Army retired master sergeant, pay grade E-8.  He enlisted the Regular Army in 1953 and remained on active duty until his retirement for length of service on 31 March 1974.  He had completed 20 years, 8 months and 18 days of creditable active duty service as an aircraft repairman/maintenance supervisor.

4.  The applicant's records show that he served on active duty under social security number 431-60-XXXX.  The social security card provided by the applicant shows this same number.

5.  Item 32 (Remarks) of the applicant's DD Form 214 effective 12 September 1966 shows his social security number as 451-50-XXXX.

6.  Item 3 (Social Security Number) of the applicant's DD Form 214 effective 12 September 1969 shows his social security number as 451-50-XXXX.

7.  General Orders Number 512, U.S. Military Assistance Command, Vietnam, dated 6 November 1964, show in section II that the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 29 April 1964.

8.  General Orders Number 839, U.S. Army Support Command, Vietnam, dated 11 December 1964, awarded the applicant the Army Commendation Medal for meritorious service during the period from 30 October 1963 to 30 October 1964.  These general orders were amended by General Orders Number 940, U.S. Army Vietnam, dated 9 October 1965, to add the 1st Oak Leaf Cluster.

9.  The applicant's DD Forms 214 show the following awards entries:

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 28 September 1953 lists no awards.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 12 September 1963 lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and the Army Good Conduct Medal (2d Award).

	c.  Item 26 of the applicant's DD Form 214 effective 12 September 1966 lists his awards as the Army Good Conduct Medal (3rd Award), National Defense Service Medal, Air Medal with 1st and 2d Oak Leaf Cluster, Army Commendation Medal with 1st Oak Leaf Cluster, Republic of Vietnam Campaign Medal with "V" Device, and the Armed Forces Expeditionary Medal (Vietnam).

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 12 September 1969 lists his awards as the National Defense Service Medal, Army Commendation Medal, Armed Forces Expeditionary Medal, Air Medal with 1st and 2d Oak Leaf Cluster, Army Good Conduct Medal (3d Award), Army Commendation Medal with 1st Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and the Senior Aircraft Crewman Badge.

	e.  Item 24 of the applicant's DD Form 214 effective 12 September 1973 lists his awards as the Army Good Conduct Medal (4th and 5th Award).

	f.  Item 24 of the applicant's DD Form 214 effective 31 March 1974 lists his awards as the National Defense Service Medal with 1st Oak Leaf Cluster, Army Commendation Medal with 2d Oak Leaf Cluster, Armed Forces Expeditionary Medal, Air Medal with 3d Oak Leaf Cluster, Army Good Conduct Medal (5th Award), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Bronze Star Medal, Meritorious Unit Commendation, and the Master Aircraft Crewman Badge.  It does not show award of the Meritorious Service Medal or a "V" Device for the Army Commendation Medal.

10.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam during the following periods:

	a.  1 November 1963-19 October 1964;

	b.  5 January 1966-3 July 1966;

	c.  26 December 1966-11 June 1967;

	d.  15 October 1967-22 December 1967;

	e.  18 April 1968-22 October 1968;

	f.  18 January 1969-24 May 1969;

	g.  3 June 1970-20 July 1970; and

	h.  19 October 1970-6 January 1971.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he served with the 339th Transportation Company in the Republic of Vietnam from 8 November 1963 to 1 December 1964.  His subsequent units of assignment in the combat theater are not clearly identified.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following ten campaign periods:  the Vietnam Advisory, the Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, the Tet 69 Counteroffensive, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

13.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  The transmittal letter, dated 31 May 1974, provided by the applicant, states that copies of general orders, citation, and certificate awarding him the Meritorious Service Medal were attached.  None of these documents were provided with the transmittal letter.  A review of the applicant's available records failed to produce any of these documents.

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A "V" Device is affixed to denote that one or more awards were for valor.

16.  Army Regulation 600-8-22 provides 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.

17.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

18.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and 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.

19.  Army Regulation 600-8-22 provides that a clasp with five bronze loops is to be affixed to the Army Good Conduct Medal to denote the fifth award.

20.  Army Regulation 600-8-22 further provides that each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 effective 31 March 1974 to show award of the Meritorious Service Medal and the Army Commendation Medal with "V" Device.  He also requests correction of his two DD Forms 214 effective 12 September 1966 and 12 September 1969 to show his correct social security number.

2.  The evidence clearly shows that the applicant's correct social security number is 431-60-XXXX.  Therefore, his DD Forms 214 effective 12 September 1966 and 12 September 1969 should be corrected to show this number.

3.  The available general orders show that the applicant was awarded two Army Commendation Medals, one for valor and another for meritorious service.  However, there are no available orders documenting a third award of this medal, as indicated on his DD Form 214, effective 31 March 1974.  Therefore, his DD Form 214, effective 31 March 1974 should be corrected to show award of the Army Commendation Medal with 1st Oak Leaf Cluster and "V" Device.  Should the applicant have or be able to obtain copies of orders awarding him a third Army Commendation Medal, he may submit another application for consideration.

4.  The evidence of record shows that the applicant retired on 31 March 1974 as a master sergeant, pay grade E-8.  It is reasonable to presume that he received a retirement award and that it was the Meritorious Service Medal referred to in the transmittal letter that he provided.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Records show that the applicant participated in ten campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two silver service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Records show that the applicant served during two periods authorized for award of the National Defense Service Medal.  Therefore, his DD Form 214 effective 31 March 1974 should be corrected to show this medal with a bronze service star not an oak leaf cluster.

8.  Records show that the applicant was awarded the Air Medal with 3d Oak Leaf Cluster.  Therefore, his DD Form 214 effective 31 March 1974 should be corrected to show this award with Numeral 4.

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 from item 32 of his DD Form 214 effective 12 September 1966 the social security number 451-50-XXX;

	b.  adding to item 32 of his DD Form 214 effective 12 September 1966 the social security number 431-60-XXXX;

	c.  showing in item 3 of his DD Form 214 effective 12 September 1969 the social security number 431-60-XXXX;

	d.  deleting all entries from item 24 of his DD Form 214 effective 31 March 1974; and

	e.  showing in item 24 of his DD Form 214 effective 31 March 1974:  Bronze Star Medal, Air Medal with Numeral 4, Meritorious Unit Commendation, Army Commendation Medal with 1st Oak Leaf Cluster and "V" Device, Armed Forces Expeditionary Medal, Army Good Conduct Medal with Clasp and five bronze loops, National Defense Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two silver service stars, Bronze Star Medal, Republic of Vietnam Gallantry Cross with 


Palm Unit Citation, Master Aircraft Crewman Badge, Senior Aircraft Crewman Badge, and Expert Marksmanship Qualification Badge with Carbine Bar.



      ____________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)                                         AR20090013427



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013427



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1