BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000564 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (1st Oak Leaf Cluster).

2.  The applicant states he was awarded the Meritorious Service Medal (1st Oak Leaf Cluster) by Permanent Orders 102-1, Headquarters, Fifth U.S. Army, Fort Sam Houston, TX.

3.  The applicant provides a copy of Permanent Orders 102-1, dated 6 September 1983.

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 records show he initially enlisted in the Regular Army on 28 February 1962.  He served through multiple enlistments or reenlistments as a personnel sergeant in various staff and leadership positions and attained the rank/grade of sergeant first class (SFC)/E-7.

3.  He was honorably retired on 31 October 1983 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 November 1983.  He was credited with over 20 years of active service.

4.  His records show he completed several periods of overseas service as follows:

	a.  He served in Germany from 16 July 1962 to 4 February 1965.

	b.  He served in Vietnam from 15 January 1968 to 20 January 1969 and from 1 June 1970 to 26 May 1971.

	c.  He served in Hawaii from 6 June 1971 to 5 May 1974.

	d.  He served in Alaska from 30 March 1978 to 28 February 1981.

5.  His records show he was issued several discharge and/or separation documents during his military service as follows:

	a.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 28 February 1962 through 16 February 1965 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  The DD Form 214 for the period 19 April 1966 to 20 January 1969 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal.

	c.  The DD Form 214 for the period 2 July 1969 to 3 April 1971 shows no entry in item 24.

	d.  The DD Form 214 (Report of Separation from Active Duty) for the period from 4 April 1971 to 5 March 1975 shows in item 26 the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), four overseas service bars, three service stripes, and Meritorious Unit Commendation.

	e.  The DD Form 214 for the period 6 March 1975 through 4 December 1977 shows in item 26 the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Meritorious Unit Commendation, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (3rd Award), and four overseas service bars.

	f.  The DD Form 214 for the period 5 December 1977 through 31 October 1983 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Good Conduct Medal (5th Award), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and four overseas service bars.

6.  Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, Permanent Orders 102-1, dated 6 September 1983, awarded him the Meritorious Service Medal for exceptionally meritorious service from 2 June 1982 to 31 October 1983.  The orders list several Soldiers being awarded various awards.  At first glance, it appears he is being awarded the Meritorious Service Medal (1st Oak Leaf Cluster).  However, this award belongs to the group of Soldiers listed in paragraph 3 of the same order; he is listed in paragraph 4.

7.  His records do not contain official orders awarding him a second award of the Meritorious Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, or for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.

9.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows participation credit was awarded for the following campaigns during his service in Vietnam:

	a.  During his service from 15 January 1968 to 20 January 1969, he participated in five campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968), Tet Counteroffensive (30 January 1968 to 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), and Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969).

	b.  During his service from 1 June 1970 to 30 June 1971, he participated in two campaigns:  DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971).

	c.  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 five bronze service stars.

DISCUSSION AND CONCLUSIONS:

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

2.  Permanent orders awarded him the Meritorious Service Medal for exceptionally meritorious service which is not listed on his final DD Form 214; therefore, he is entitled to correction of his final DD Form 214 to show this award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  He also participated in seven campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of a silver service star and two bronze service stars to be worn with his already-awarded Vietnam Service Medal.

4.  With respect to a second Meritorious Service Medal, his record is void of official orders awarding him a second Meritorious Service Medal.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to add a second award of the Meritorious Service Medal to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 adding to his DD Form 214 for the period ending 31 October 1983 the Meritorious Service Medal and a silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined 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 a second award of the Meritorious Service Medal.



      ___________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)                                         AR20100000564



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ABCMR Record of Proceedings (cont)                                         AR20100000564



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