IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20100023672 


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 Discharged from Active Duty) for the period ending 30 April 1993 to show award of the Legion of Merit, two Meritorious Service Medals, and five Army Achievement Medals.

2.  The applicant states his DD Form 214 needs to be corrected for himself and his family.

3.  The applicant provides copies of his DD Form 214 and orders and/or certificates for the Legion of Merit, two Meritorious Service Medals, and five Army Achievement Medals.

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 20 August 1970 through 17 October 1971.  He was honorably discharged on 17 October 1971 to accept an appointment as a warrant officer.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time shows the National Defense Service Medal and the Good Conduct Medal.

3.  On 18 October 1971, the applicant was appointed as an aviation warrant in the U.S. Army Reserve (USAR) with concurrent call to active duty.

4.  The applicant served in Vietnam from 15 December 1972 to 12 February 1973, assigned to D Troop, 17th Cavalry Regiment.

5.  He was voluntarily released from active duty on 1 October 1973.  Item 24 of his DD Form 214 issued at this time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Basic Aviator Badge
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (1st - 16th award)

6.  On 16 November 1974, he reentered active duty and he remained on active duty until 30 April 1993, when he retired for length of service in the rank/grade of chief warrant officer four (CW4)/WO-4.

7.  The applicant's record contains copies of orders or certificates for most but not all of his awards, to include the following related to this application: 

	a.  Permanent Orders 86-11, issued by Headquarters, 2nd Infantry Division, dated 27 March 1986, awarding him the Meritorious Service Medal for meritorious service for the period 2 January 1985 to 15 December 1985;

	b.  Permanent Orders 035-17, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, dated 28 February 1991, awarding him the Meritorious Service Medal (First Oak Leaf Cluster) for meritorious service for the period
16 January 1986 to 10 December 1990

	c.  Permanent Orders 139-44, issued by the U.S. Army Soldier Support Center, Fort Benjamin Harrison, IN, dated 20 November 1984; awarding him the Army Achievement Medal for meritorious performance for the period 9 January 1984 to 3 August 1984;

	d.  Permanent Orders 121-10, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, dated 16 July 1986, awarding him the Army Achievement Medal for meritorious achievement for the period 1 July 1986 to 30 September 1986; 

	e.  Permanent Orders 56-20, issued by the same headquarters, dated
24 March 1989, awarding him the Army Achievement Medal (Second Oak Leaf Cluster) for meritorious achievement for the period 20 September 1988 to
30 March 1989;

	f.  an Army Achievement Medal Certificate, dated 20 December 1990, awarded for meritorious service from the 14th Aviation Regiment, Aviation Training Brigade.  No orders or order number is associated with this certificate;

8.  In addition to the orders and/or certificates contained in his records, the applicant provided copies of the following:

	a.  Permanent Order A-126-1, issued by Headquarters, III Corps, Fort, Hood, TX, dated 23 August 1993, awarding him the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service for the period
1 September 1983 to 31 August 1993; and

	b.  Orders 54-17, issued by 1st Battalion, 5th Aviation Regiment, dated
1 August 1991, awarding him the Army Achievement Medal for meritorious achievement for the period 8 January 1991 to 5 June 1991.

9.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows, among other awards, the Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber).

10.  Section VIII (Awards and Decorations) of his Officer Record Brief (ORB), prepared on 7 October 1992, shows the:

* Meritorious Service Medal - 1
* Air Medal - 16
* Army Commendation Medal - 4
* 
Army Achievement Medal - 3
* Army Superior Unit Award - 1
* Army Good Conduct Medal - 1
* National Defense Service Medal - 2
* Vietnam Service Medal - 1
* Humanitarian Service Medal - 1
* Armed Forces Reserve Medal - 1
* Army Service Ribbon - 1
* Overseas Service Ribbon - 2
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Master Army Aviator Badge

11.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 April 1993 shows the:

* Army Achievement Medal (2nd Oak Leaf Cluster) [3rd Award]
* Armed Forces Reserve Medal
* Air Medal (16th award)
* Army Commendation Medal (3rd Oak Leaf Cluster) [4th Award]
* Army Service Ribbon
* Army Superior Unit Award
* Army Good Conduct Medal (1st Award)
* Humanitarian Service Medal
* Meritorious Service Medal
* National Defense Service Medal (2nd Award)
* Overseas Service Ribbon with Numeral 3
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Master Army Aviator Badge

DISCUSSION AND CONCLUSIONS:

1.  The applicant's final DD Form 214 does not show his award of the Legion of Merit and shows only one Meritorious Service Medal and three Army Achievement Medals.

2.  The available evidence contained in the official record, and provided by the applicant, includes either the actual orders and/or certificates with the orders number for award of the Legion of Merit, two Meritorious Service Medals, and four Army Achievement Medals.

3.  At the time the Army Achievement Medal certificate, dated 20 December 1990, was prepared, there was no provision for including the orders number on the award certificate itself.  Although the orders announcing this award is not in the available records, inclusion of this award certificate in the applicant's official record indicates that it is a valid award.  Therefore, the certificate is accepted as valid documentation for award of the Army Achievement Medal.

4.  Records show the applicant qualified as an Expert with the .38 caliber pistol.  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification.

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 from item 13 of his DD Form 214 for the period ending 30 April 1993 the Meritorious Service Medal and the Army Achievement Medal (2nd Oak Leaf Cluster), and

	b.  adding to item 13 of his DD Form 214 for the period ending 30 April 1993 the:

* Legion of Merit
* Meritorious Service Medal (2nd Award)
* 
Army Achievement Medal (5th Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber)



      ___________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)                                         AR20100023672



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023672



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1