IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100024956 


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 reconsideration of his previous request to add the Meritorious Service Medal (MSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests to add two bronze service stars to his previously-awarded Vietnam Service Medal (VSM) as a new issue.

2.  He states he was awarded the MSM several months after leaving active duty in 1969.  He never received the actual medal or orders for the MSM, but he does have the MSM Certificate bearing the official seal and the signatures of Major General K____ G. W____, The Adjutant General of the Army, and Secretary S____ R. R____, Secretary of the Army, at the time.

3.  He contends that he is frustrated over the issue and only wants what he deserves.  The award was issued for his work in leading a team of programmers responsible for rewriting the Army Personnel System.  Because of the quality of the work and his team being ahead of schedule, his boss wanted him to receive the medal.  It took a while to get the award approved because it was generally given to officers of a higher rank and he was a first lieutenant at the time.

4.  He also states he received the VSM; however, he understands that he is eligible for two bronze service stars for his participation in the Vietnam Counteroffensive Phase III and the Tet Counteroffensive Campaigns.



5.  He provides:

* a temporary duty (TDY) travel order
* a copy of the MSM Certificate
* his DD Form 214 for the period ending 26 July 1969
* a DA Form 1577 (Authorization for Issuance of Awards)
* an excerpt of Army Regulation 600-8-22 (Military Awards)
* his previous Board Record of Proceedings

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008818 on 6 October 2009.

2.  After serving as an enlisted member in the Regular Army, he was honorably discharged on 26 July 1967 to accept a commission as a U.S. Army Reserve (USAR) officer.  On 27 July 1967, he was appointed as a second lieutenant in the USAR with concurrent call to active duty.

3.  He provided a TDY travel order issued by the Office of the Adjutant General on 12 January 1968.  This order places him in a TDY status to Cam Rahn Bay, Republic of Vietnam (RVN), for approximately 17 days with a proceed date of 12 January 1968.  However, his record is void of any evidence and he did not provide any evidence showing he actually traveled to Vietnam and, if so, the exact dates of his TDY.

4.  His records contain a DA Form 66 (Officer Qualification Record) that shows:

* item 17 (Foreign Service) – no foreign service in either a permanent or TDY status
* item 21 (Awards and Decorations) – no entry for the MSM or VSM
* item 22 (Campaigns) – no indication he participated in any campaigns

5.  His records contain a DA Form 638 (Recommendation for Award), dated 12 June 1969, which shows he was recommended for award of the MSM for his exceptionally superior service during the period October 1967 to July 1969.  Item 35 (Typed Name, Grade, Branch, and Title of Person Initiating Recommendation) contains the typed name of the Chief, Field Systems Division, U.S. Army Data Support Command, and the signature of an Army lieutenant colonel.

6.  His records also contain an AGPZ Form 738 (Record of Senior Awards and Army Decorations Board Action), dated 25 June 1969, and two memoranda, dated 20 June and 17 July 1969, respectively.  These documents show the recommendation for award of the MSM was carefully considered; however, the board deemed the Army Commendation Medal (ARCOM) was a more appropriate award.

7.  As a result, the recommendation for award of the MSM was disapproved and he was issued a Department of the Army Letter Order, dated 17 July 1969, for award of the ARCOM.

8.  On 26 July 1969, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal and the ARCOM.  Neither the MSM nor the VSM are shown on his DD Form 214.

9.  He provides a DA Form 1577 rendered by the Chief of the Awards Branch, Veterans Services Directorate, Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, on 23 March 1993.  This form shows he was authorized the VSM with one bronze service star and indicated he would be issued a DD Form 215 to reflect this correction to his DD Form 214.

10.  A DD Form 215 was issued to him on 23 March 1993.  This form shows his DD Form 214 for the period ending 26 July 1969 was amended to add the VSM.

11.  The available record contains no evidence and he has not provided any to show he was awarded the MSM.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the MSM.

12.  Army Regulation 600-8-22 (Military Awards) states the VSM 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This regulation also states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

13.  Army Regulation 600-8-22 states the MSM 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.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  His records show he was recommended for the MSM; however, the President, Army Decorations Board, disapproved the recommendation for award of the MSM and deemed the ARCOM was a more appropriate award.  As a result, a letter order was issued for award of the ARCOM.

2.  His record is void of any evidence and he has not provided sufficient evidence or a convincing argument to show he was officially awarded the MSM.  Therefore, he is not entitled to the requested relief.

3.  The available evidence shows a DD Form 215 was issued for the purpose of awarding him the VSM.  However, the evidence he provided shows he was only TDY in Vietnam for 17 days.  Regulatory guidance states that qualifying service for TDY must be 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas.  Although it appears he is not eligible for the VSM, this Board will not delete it from his records.

4.  In view of the foregoing, he is not entitled to the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090008818, dated 6 October 2009.

2.  The Board further determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned as it pertains to adding two bronze service stars to his previously-awarded VSM.



      _____________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)                                         AR20100024956



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ABCMR Record of Proceedings (cont)                                         AR20100024956



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