IN THE CASE OF:	

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100000026 


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) for the period ending 31 December 1982 to show award of the Meritorious Service Medal and the Legion of Merit.

2.  The applicant states that on 17 December 1982, he was awarded the Meritorious Service Medal for outstanding meritorious service for the period of
17 February through 31 December 1982.  He further states that on 30 December 1982, he was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of his outstanding service for the same period.

3.  The applicant provides a copy of the permanent orders awarding him the Meritorious Service Medal and the Legion of Merit, and a copy of his DD
Form 214 for the period ending 31 December 1982.

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 served on active duty in an enlisted status from January 1954 to January 1957.  His DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Medal with Carbine Bar on 5 November 1955.

3.  He completed the Reserve Officers' Training Corps requirements and he was commissioned as an officer in 1962.  He retired as a Regular Army lieutenant colonel on 31 December 1982.

4.  His DA Form 2-1 (Personnel Qualification Record) shows:

* in item 5 (Overseas Service) - Vietnam from 14 September 1966 through 15 July 1967
* in item 9 (Awards, Decorations, and Campaigns) - Parachutist Badge, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal with 1st Oak Leaf Cluster, Bronze Star Medal, Air Medal, Republic of Korea Presidential Unit Citation, one Overseas Service Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Commendation Medal with 1st Oak Leaf Cluster, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Noncommissioned Officer Professional Development Ribbon, Vietnam Counteroffensive Campaign Phase I, and the Vietnam Counteroffensive Campaign Phase II.

5.  Item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 for the period ending 31 December 1982 lists his awards as the Parachutist Badge, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal with 1st Oak Leaf Cluster, Bronze Star Medal, Air Medal, Republic of Korea Presidential Unit Citation, one Overseas Service Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Commendation Medal with 1st Oak Leaf Cluster, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and the Noncommissioned Officer Professional Development Ribbon.


6.  The award orders submitted by the applicant are:

* Headquarters, I Corps, Fort Lewis, WA, Permanent Orders 241-17, dated 17 December 1982, which awarded him the Meritorious Service Medal for the period 17 February 1982 through 31 December 1982
*  Headquarters, I Corps, Fort Lewis, Permanent Orders 249-2, dated
30 December 1982, which awarded him the Legion of Merit for the same period of service

7.  The applicant's records contain Headquarters, I Corps, Fort Lewis, Permanent Orders 249-1, dated 30 December 1982, which revoked Permanent Orders
241-17, which had awarded the applicant the Meritorious Service Medal for the period 17 February 1982 through 31 December 1982.

8.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  the policy for interim awards.   Paragraph 1-20 (Interim awards and awards of a lesser decoration) states, "To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award…When a higher award is approved, the approving authority will revoke the interim award using a separate Permanent Order"

   b.  that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  .The applicant states that on 17 December 1982 he was awarded the Meritorious Service Medal for the period of 17 February through 31 December 1982 and that on 30 December 1982 he was awarded the Legion of Merit for the same period of service.

2.  He was awarded the Meritorious Service Medal and the Legion of Merit for the same period of service.  However, the Meritorious Service Medal was apparently intended to be an interim award and it was subsequently revoked.

3.  The Legion of Merit is not listed on his DD Form 214 for the period ending
31 December 1982.

4.  The applicant served during two designated Vietnam campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 31 December 1982 to show the bronze service stars.

5.  The applicant's DD Form 214 for the period ending 31 December 1982 does not show the Sharpshooter Marksmanship Qualification Medal with Carbine Bar that the applicant was awarded in 1955.  Therefore, his DD Form 214 for the period ending 31 December 1982 should be corrected to show this qualification badge.

6.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

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:

	a.  deleting from item 13 of his DD Form 214 for the period ending
31 December 1982 the Vietnam Service Medal; and

	b. adding to item 13 of his DD Form 214 for the period ending 31 December 1982 the Legion of Merit, Vietnam Service Medal with two bronze service stars, and the Sharpshooter Marksmanship Qualification Medal with Carbine Bar.

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 Meritorious Service Medal to his DD Form 214 for the period ending 31 December 1982.



      ___________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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100000026



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