IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100019804
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 he was awarded the Bronze Star Medal (BSM), two Overseas Service Bars, and the Cold War Recognition Certificate.
2. The applicant states, in effect, the BSM was omitted from his DD Form 214. He also states he should have two Overseas Service Bars for his service in Panama and the Republic of Vietnam (RVN).
3. The applicant provides copies of the general orders, citation, and certificate for award of the BSM.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant has requested correction of his DD Form 214 to show award of the Cold War Recognition Certificate. Army Regulation 600-8-22 (Military Awards) does not govern the Cold War Recognition and, as a result, it is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal Government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, this Record of Proceedings will not further discuss the applicants request for the Cold War Recognition Certificate.
3. The applicant was appointed as an officer in the Army of the United States and entered active duty on 28 September 1949. He accepted appointment as an officer in the Regular Army on 2 April 1954 and continued to serve until he retired on 30 September 1980. He completed 31 years and 3 days of active military service.
4. His DD Form 214 does not show the BSM in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). This item shows he received one Overseas Service Bar.
5. General Orders Number 642, issued by Headquarters, 1st Logistical Command, dated 1 July 1967, awarded the applicant the BSM for meritorious service in the RVN from May 1966 to May 1967.
6. A DA Form 66 (Officer Qualification Record) shows he served in the U.S. Army Caribbean (USARCARIB) from 13 September 1956 to 2 September 1959 with further assignment to the U.S. Army Mission to Panama. The form also shows he served in the U.S. Army Pacific-Vietnam from 16 May 1966 to 11 May 1967.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The regulation does not identify service in Panama as qualifying for the Overseas Service Bar.
8. For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit towards the Overseas Service Bar.
9. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in item 13 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the BSM. Therefore, he is entitled to correction of his DD Form 214 to show this medal.
2. The applicant was credited with 12 months of service in Vietnam. Therefore, he is entitled to correction of his record to show two Overseas Service Bars.
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. deleting the entry "(1) OS Svc Bars" from item 13 of his DD Form 214; and
b. adding the BSM and two Overseas Service Bars to item 13 of his 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) AR20100019804
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019804
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100014906
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his completion of the Jungle Operations Course * award of or authorization to wear: * Bronze Star Medal * Army Good Conduct Medal * Army Presidential Unit Citation * Army Valorous Unit Award * Vietnam Service Medal with one silver service star (in recognition of his participation in five combat campaigns in the Republic of Vietnam) * Republic of Vietnam...
ARMY | BCMR | CY2003 | 2003084286C070212
However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with four bronze service stars and two...
ARMY | BCMR | CY2006 | 20060012924
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 March 2007 DOCKET NUMBER: AR20060012924 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Marksmanship Qualification Badge with Pistol Bar, the Marksmanship Qualification Badge with Missile...
ARMY | BCMR | CY2014 | 20140018964
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Overseas Service Ribbon (OSR) * American Defense Medal (correctly known as American Defense Service Medal) * Tet Campaign Medal * Expert Marksman Marksmanship Qualification Badge with Rifle Bar * Honorable Service Medal (correctly known as Honorable Service Commemorative Medal) * Vietnam Defense Medal (correctly known as Vietnam Defense...
ARMY | BCMR | CY2012 | 20120006701
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 September 1968, to show the: * Combat Service Commemorative Medal * Overseas Service Ribbon * Defense Meritorious Service Medal * Joint Service Commendation Medal * American Campaign Medal * Cold War Commemorative Victory Medal * Foreign Expeditionary Commemorative Medal * Vietnam Defense Commemorative Medal * Honorable Service...
ARMY | BCMR | CY2009 | 20090013253
The applicant requests correction of his records to show he qualified with the Carbine Rifle three times, four awards of the Overseas Service Bar, and any award to which he is entitled for service during the Cold War. Therefore, he is not eligible for correction of his records to show any awards of the Overseas Service Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 26 of his DD Form 214 the...
ARMY | BCMR | CY2004 | 2004102561C070208
The applicant requests, in effect, that Item 24 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) with "V" Device. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 20040003992C070208
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH), and the Bronze Star Medal (BSM). For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2011 | 20110012145
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Driver and Mechanic Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Cold War Recognition Certificate * three bronze service stars 2. Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 23 January 1967 to 22 January 1970 and correct his DD Form 214...
ARMY | BCMR | CY2014 | 20140003260
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Cold War Medal (correctly known as the Cold War Recognition Certificate) * Korea Defense Service Medal * overseas service bar * Professional Signal Corps Bar 2. Army Regulation 600-8-22 (Military Awards) states: a. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...