IN THE CASE OF:	  

		BOARD DATE:	    7 December 2010

		DOCKET NUMBER:  AR20100014828 


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 removal of the following awards from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 2009:

* Special Forces Tab
* Ranger Tab
* Vietnam Service Medal
* Korea Defense Service Medal
* Combat Action Badge

2.  In addition, he requests the Legion of Merit be added to his DD Form 214.

3.  He states the above awards were inadvertently added to his DD Form 214.  His 36 years of service gave him the opportunity to support 95 percent of the Army's various organizations.  He states he was drafted in 1972, but was sent to Germany instead of Vietnam.  He never attended special forces or ranger training courses.  He had several training missions to Korea in support of training, but not enough days to be awarded the Korea Defense Service Medal and he was never awarded the Combat Action Badge.  He concludes he just wants his DD Form 214 corrected to reflect what his military records indicate.

4.  He provides a copy of his Legion of Merit Certificate showing Headquarters, First Army, Permanent Order Number 138-9, dated 18 May 2009.


CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted active duty service.  He was appointed as a Reserve warrant officer of the Army in the rank of warrant officer one on 24 May 1984.  He was promoted to the rank of chief warrant officer five on 12 August 2003.

2.  During his tenure in the military, he completed numerous military courses and received numerous military awards.

3.  He retired on 20 February 2009 due to permanent physical disability.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 February 2009 shows, in pertinent part, that he was awarded or authorized the:

* Special Forces Tab
* Vietnam Service Medal
* Korea Defense Service Medal
* Ranger Tab
* Combat Action Badge

5.  The performance section of his official military personnel file (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) does not show orders for the:

* Special Forces Tab
* Ranger Tab
* Combat Action Badge

6.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show service in the Republic of Vietnam.  It shows his overseas duty as:

* Germany - 3 March 1973 through 28 September 1974 - permanent change of station
* Korea - 26 October 1999 through 9 November 1999 - temporary duty (TDY)
* Korea - 4 April 2000 through 25 April 2000 - TDY
* Korea - 16 October 2000 through 2 November 2000 - TDY
* Germany - 17 February 2001 through 10 March 2001 - TDY

7.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 does not show awards for the:

* Special Forces Tab
* Ranger Tab
* Combat Action Badge

8.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 does not show he attended or completed the special forces or ranger courses.

9.  Headquarters, First Army, Permanent Order Number 138-9, dated 18 May 2009, shows the applicant was awarded the Legion of Merit for meritorious service spanning over 36 years.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

12.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.

13.  Army Regulation 600-8-22 states the Ranger Tab is awarded for successful completion of a ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

14.  Army Regulation 600-8-22 states the Special Forces Tab may be awarded to any person meeting one of the following criteria:

* successful completion of U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWCS)-approved Active Army institutional training leading to special forces qualification
* successful completion of a USAJFKSWCS-approved Reserve Component special forces qualification program
* successful completion of an authorized unit-administered special forces qualification program

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Legion of Merit for meritorious service.  Therefore, his DD Form 214 should be amended to add the award.

2.  It appears the awards of the Vietnam Service Medal, Korea Defense Service Medal, Combat Action Badge, Special Forces Tab, and Ranger Tab were erroneously added to the applicant's DD Form 214.

3. His DA Form 2-1 corroborates his contention that he did not serve in the Republic of Vietnam and further shows he did not meet the time requirements to be eligible for the Korea Defense Service Medal.  His OMPF in iPERMS does not contain orders for the Combat Action Badge, Special Forces Tab, and Ranger Tab.  Furthermore, his DA Form 2-1 definitely shows he did not complete the special forces or ranger courses.  Therefore, the awards of the Vietnam Service Medal, Korea Defense Service Medal, Combat Action Badge, Special Forces Tab, and Ranger Tab entered in item 13 of his DD Form 214 should be deleted.

BOARD VOTE:

__X__ __  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 by:

	a.  adding the Legion of Merit to item 13 and

	b.  deleting from item 13 the:

* Vietnam Service Medal
* Korea Defense Service Medal
* Combat Action Badge
* Special Forces Tab
* Ranger Tab


      _______ _  X__   ___
               CHAIRPERSON
       	     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)                                         AR20100014828



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ABCMR Record of Proceedings (cont)                                         AR20100014828



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