IN THE CASE OF:	  

		BOARD DATE:	    6 April 2010

		DOCKET NUMBER:  AR20090015746 


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 the Legion of Merit (LOM), Iraq Campaign Medal (ICM), Global War on Terrorism Service Medal (GWOTSM), and 7 bronze service stars for wear with his already-awarded Vietnam Service Medal (VSM).

2.  The applicant states the above mentioned LOM and awards related to his Iraq service were not approved until after his discharge and should now be added to his DD Form 214.  He also states the VSM entry on his DD Form 214 should be corrected to read VSM with 7 bronze service stars.

3.  The applicant provides the following documents in support his request: 

* self-authored statement
* National Personnel Records Center (NPRC) letter, dated 24 August 2009
* DD Forms 214 for the period ending 5 July 2003 and 9 July 1975
* LOM Certificate
* Texas Department of Transportation (TXDOT) letter, dated 10 August 2009
* Application for Military Meritorious Service License Plate.





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 was appointed a U.S. Army Reserve (USAR) commissioned officer in the rank of second lieutenant on 27 March 1967.  He entered active duty that date.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 5 (Overseas Service), he completed two tours of duty in the Republic of Vietnam (RVN).  The first from on or about 3 June 1968 through on or about 2 June 1969, and the second from on or about 21 June 1971 through on or about 3 April 1972.

4.  On 9 July 1975, the applicant was honorably released from active duty (REFRAD).  Item 19 (Indochina or Korea service) of the DD Form 214 he was issued shows he served in the RVN from 24 June 1971 through 3 April 1972.

5.  On 11 February 2003, while serving in the USAR, his unit was ordered to active duty in support of Operation Enduring Freedom (OEF). He served on active duty for 4 months and 25 days until being honorably REFRAD and returned to his USAR unit on 5 July 2003.  The DD Form 214 he was issued shows he earned the following awards:

* Distinguished Flying Cross
* Bronze Star Medal (2nd Award)
* Purple Heart
* Air Medal (36th Award)
* Army Commendation Medal with "V" (Valor) Device
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (6th Award)

* National Defense Service Medal (3rd Award)
* Vietnam Service Medal
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Army Aviator Badge
* Parachutist Badge.

6.  Item 18 (Remarks) of the DD Form 214 shows he served in Southwest Asia from 24 March to 10 June 2003. 

7.  The applicant was placed on the Retired List, in the grade of colonel/O-6, on 24 August 2004.

8.  The applicant's record contains an LOM certificate, dated 28 June 2004.  It shows, upon his retirement, he was awarded the LOM for meritorious service during the period 1 September 1994 to 31 August 2004, and this award was authorized and announced in United States Army Reserve Command, Fort McPherson, GA, Permanent Orders 180-006, dated 28 June 2004.

9.  The Defense Finance and Accounting Service pay record confirms the applicant received hostile fire pay/imminent danger pay for his service in Kuwait/Iraq during the period 25 March through June 2003.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  The DD Form 214 is a summary of the recent period of active duty service.  The regulation provides no provisions for adding awards earned after the separation date listed in item 12b (Separation Date This Period).  

11.  The same regulation states for a Soldier deployed with his or her unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to item 18. 

12.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 provides guidance on the VSM and states a bronze service star is authorized with the 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 5 bronze service stars.  

13.  Table B-1 of the awards regulation contains a list of authorized campaigns and shows during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease (30 March 1972 - 28 January 1973)  

14.  Paragraph 2-17 of the awards regulation contains guidance on the ICM.  It states it is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense.  A bronze service star is authorized for each Iraq campaign a member is credited with participating in.  Approved campaigns during the period of the applicant's assignment to Iraq are the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004).

15.  Paragraph 2-19 of the same regulation contains guidance on the GWOTSM. It states it is authorized to members who participated in Global War on Terror (GWOT) operations outside of a designated Area of Eligibility (AOE) for GWOT Expeditionary Medal (GWOTEM).  To qualify a member must serve for 
30 consecutive days or 60 nonconsecutive days in a qualifying area on or after 11 September 2001, to a future date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ICM, GWOTSM, and 7 bronze service stars for wear with his VSM should be added to his DD Form 214 was carefully considered and found to have merit.  

2.  The evidence of record shows he is credited with participating in 7 campaigns based on his assignment in the RVN.  As a result, he is eligible for 1 silver service star and 2 bronze service stars with his VSM and his DD Form 214 should be corrected accordingly.

3.  The evidence of record also confirms he is eligible for the GWOTSM based on his qualifying active duty service after 11 September 2001, and for the ICM with
2 bronze service stars based on his service and campaign participation in Iraq.  Therefore, these awards should also be added to his DD Form 214.

4.  In addition, since his Southwest Asia service was actually served in the country of Iraq, it would be appropriate to correct the Southwest Asia deployed service entry in item 18 of his DD Form 214 to read "SERVICE IN IRAQ FROM 20030324-20030610."

5.  The applicant's request to add the LOM to his DD Form 214 was also carefully considered.  However, this award covers a period ending on 31 August 2004, after the 5 July 2003 separation date on the DD Form 214.  As a result, given the DD Form 214 is a summary of the active duty service period covered and the regulation does not provide for adding awards earned after the date of separation, it would not be appropriate to grant this portion of his 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 amending his DD Form 214 for the period ending 5 July 2003, as follows:

	a.  deleting from item 13 the Vietnam Service Medal;

	b.  adding to item 13 the Vietnam Service Medal with 1 silver service star and 2 bronze service stars, the Iraq Campaign Medal with 2 bronze service stars, and the Global War on Terrorism Service Medal;

   c.  deleting from item 18 the entry "SERVICE IN SOUTHWEST ASIA 20030324-20030610"; and

   d.  adding to item 18 the entry "SERVICE IN IRAQ FROM 20030324-20030610."

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 adding the Legion of Merit to the DD Form 214.



      ____________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)                                         AR20090015746



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ABCMR Record of Proceedings (cont)                                         AR20090015746



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