IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100014607


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:  the Meritorious Service Medal, Air Medal, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states he requested replacement awards through the National Personnel Records Center (NPRC) and he was told the awards had to be listed on his DD Form 214 before replacements could be authorized.

3.  The applicant provides:

   a.  NPRC letter dated 21 August 2009 showing his entitlement to:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal with bronze oak leaf cluster
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with silver service star
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3
* Combat Infantryman Badge
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

   b.  Letter from the Chief, Awards and Decorations Branch, US Army Human Resources Command, dated 21 April 2010, awarding the Meritorious Service Medal and issuing a DD Form 215 (Correction to DD Form 214).
   
   c.  Permanent Order 15-75, Headquarters, 2nd Armored Division, Fort Hood, TX, dated 24 January 1985, awarding the Meritorious Service Medal.

   d.  His retirement DD Form 214 for 31 January 1985.

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 is a retired Regular Army First Sergeant (1SG).  He served a total of 20 years, 7 months, and 22 days of active Federal service.

3.  The applicant's records contain 7 DD Forms 214 covering his 20-plus years of active service.  His DD Forms 214 cover the following periods:

   a.  19630611-19630623 which shows no awards.

   b.  19630703-19631214 with awards shown as the Marksman Marksmanship Qualification Badge with Rifle Bar.

   c.  19641204-19670416 with awards shown as:
   
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar


   d.  19670417-19730211 with awards shown as:

* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (1st award)
* Good Conduct Medal (1st award)
* Bronze Star Medal
* Army Commendation Medal with 1st Oak Leaf Cluster
* Good Conduct Medal (2nd Award)
* Republic of Vietnam Unit Citation [sic]

   e.  19730212-19751111 with awards shown as:
   
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Good Conduct Medal (3rd Award)
* Armed Forces Expeditionary Medal
* Army Commendation Medal with Oak Leaf Cluster
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

   f.  19751112-19790919 with awards shown as:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Good Conduct Medal (5th Award)
* Armed Forces Expeditionary Medal
* Army Commendation Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with .45 Caliber Pistol Bar

   g.  19790920-19850131 with awards shown as:

* Army Service Ribbon
* Overseas Service Ribbon (Numeral 2)
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with silver service star
* Republic of Vietnam Campaign Medal
* Bronze Star Medal
* Army Commendation Medal with 1 Oak Leaf Cluster
* Army Good Conduct Medal with Silver 1 Loop
* Sharpshooter Badge (Pistol)
* NCO Professional Development Ribbon (Numeral 1)

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from Active Army service, and establishes standardized policy for preparing and distributing the DD Form 214.  It provides:

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

	b.  In Block 13 (DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED), all awards and decorations for all periods of service [emphasis added] will be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Abbreviations will not be used.

5.  Army Regulation 635-5 also provides that once a DD Form 214 has been issued it will not be reissued except for the following reasons when:

   a.  Directed by proper appellate authority, Executive Order, or by the Secretary of the Army.
   
   b.  It is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.

   c.  Two DD Forms 215 have been issued and an additional correction is required

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the Meritorious Service Medal, Air Medal, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar added to his retirement DD Form 214 (19790920-19850131).


2.  Regulations state all awards earned during a Soldier's career will be entered on his final DD Form 214, and corrections to the DD Forms 214 will be accomplished using DD Forms 215 (a maximum of 2 DD Forms 215 may be issued).

3.  The applicant's request concerning his Meritorious Service Medal has already been accomplished by the US Army Human Resources Command and a 
DD Form 215 has been issued to add this medal to his DD Form 214.  No further action is required.

4.  As a result of administrative oversight, Block 13 of the applicant's retirement DD Form 214 omitted some of his previously earned awards.  The Air Medal, Armed Forces Expeditionary Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation should be added to his retirement DD Form 214.  This should be accomplished by issuing him a second DD Form 215.

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.  adding the following awards to his retirement DD Form 214:

* Air Medal
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 




   b.  providing him a DD Form 215 to show the above corrections.



      _______ _   _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)                                         AR20100014607



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ABCMR Record of Proceedings (cont)                                         AR20100014607



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