IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028578 


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 the National Personnel Records Center (NPRC) letter, dated 11 November 2010, to show his correct name and award of the Legion of Merit (LOM)
* correction of the NPRC letter to show three awards of the Overseas Service Medal instead of the Overseas Service Ribbon
* copies of the orders and the citation for award of the Bronze Star Medal with "V" Device

2.  The applicant states:

* he was awarded the LOM upon retirement
* he completed two tours of duty in Vietnam and one in Germany and should be authorized three awards of the Overseas Service Medal (not Ribbon)
* he was awarded the Bronze Star Medal with "V" Device (30 years late) for actions in Vietnam, but he did not receive the orders or citation for this award

3.  The applicant provides:

* NPRC letter, dated 7 October 2010
* Legion of Merit Certificate and orders
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 December 1968
* DD Form 214 (Report of Separation from Active Duty) for the period ending 29 September 1975
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1987
* DD Form 215 (Correction to DD Form 214), dated 26 March 2001

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's records show he enlisted in the Regular Army (RA) on 16 February 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in the Dominican Republic in a temporary duty status from 20 August to 30 September 1965.

3.  He also served in Vietnam from 19 December 1966 to 12 December 1968.  He was assigned to Headquarters, Military Assistance Command-Vietnam (HQ MACV).

4.  He was honorably released from active duty on 12 December 1968 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 12 December 1968 shows the:

* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM)
* Bronze Star Medal (BSM)
* Air Medal (AM)
* Army Good Conduct Medal (AGCM)
* 
Vietnam Campaign Medal (VCM)
* Vietnam Service Medal (VSM)
* Purple Heart (PH)
* Combat Infantryman Badge (CIB)
* Parachutist Badge
* Armed Forces Expeditionary Medal (AFEM) (Dominican Republic)

5.  He again enlisted on 15 January 1969 and he was discharged on 30 January 1969 to accept a commission as an officer in the Army.  His DD Form 214 for the period ending 30 January 1969 shows no awards.

6.  He was appointed as a commissioned officer and entered active duty on 31 January 1969.  He completed the following periods of foreign service:

* Vietnam from 18 August 1969 to 17 August 1970 assigned to HQ MACV
* Germany from 26 April 1974 to 30 July 1975

7.  He was honorably released from active duty on 29 September 1975.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 September 1975 shows the:

* NDSM
* AGCM (1st Award)
* VSM with two silver service stars
* VCM with Device (1960)
* Master Parachutist Badge
* CIB
* AM (2nd Award)
* PH
* BSM (1st Oak Leaf Cluster (OLC))
* Meritorious Service Medal (MSM)
* Vietnam Parachutist Badge
* British Parachutist Badge
* ARCOM (2nd OLC)
* Meritorious Unit Citation [now known as Meritorious Unit Commendation] (MUC)
* Valorous Unit Award (VUA)
* Vietnam Gallantry Cross with Gold Star
* Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Vietnam Gallantry Cross with Bronze Star (2nd Award)
* 
Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnamese Armed Forces Honor Medal (First Class)
* United Nations Service Medal (UNSM)
* Vietnam Staff Medal (2nd Class)
* AFEM (Dominican Republic)
* six overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* French Parachutist Badge
* British General Service Medal (Cyprus)

8.  He reentered active duty on 1 July 1978 and served in various staff and leadership positions.  He ultimately retired on 30 November 1987 and he was placed on the Retired List in the grade of lieutenant colonel on 1 December 1987.

9.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his final DD Form 214 for the period ending 30 November 1987 shows the following awards:

* LOM
* BSM (1st OLC)
* PH
* MSM (2nd OLC)
* AM (2nd Award)
* ARCOM (5th OLC)
* Army Achievement Medal
* AGCM
* NDSM
* AFEM
* VSM
* Humanitarian Service Medal
* Armed Forces Reserve Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* South Carolina National Guard Governor's Award for Excellence
* Vietnam Gallantry Cross with Palm, Gold Star, and Bronze Star (2nd Award)
* Vietnam Honor Medal
* Vietnam Staff Medal
* Vietnam Civil Actions Medal
* 
Vietnam Campaign Medal with Device (1960)
* General Service Medal (Middle East)
* CIB
* Special Forces Tab
* Master Parachutist Badge
* British Parachutist Badge
* Vietnam Master Parachutist Badge
* Vietnam Ranger Badge
* German Master Parachutist Badge
* German Expert Infantry Badge
* German Shooting Rope (Silver)
* French Parachutist Badge
* Korean Parachutist Badge (Master)
* Canadian Parachutist Badge
* Thai Balloon Parachutist Badge
* Thai Master Parachutist Badge
* Thai Special Forces Aiguillette

10.  On 26 March 2001, he was issued a DD Form 215 that added the BSM (2nd OLC) and "V" Device.

11.  On 7 October 2010, he received a letter from NPRC that listed his awards but omitted the LOM.  He highlighted the "Overseas Service Ribbon" and hand-wrote "should be Overseas Service Medal for AUS [Army of the United States] assignments."

12.  On 11 November 2010, he received a second letter from NPRC that added a silver service star and two bronze service stars to his already-awarded Vietnam Service Medal.  The letter misspelled his last name and again omitted the LOM.

13.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG), and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, participation credit was awarded for the below listed campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968
* Vietnam Counteroffensive Phase V – 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Vietnam Summer-Fall 1969 – 9 June-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The Overseas Service Ribbon is the correct name to recognize overseas service.  The DOD Manual and Army Regulation 600-8-22 identify this award as the Overseas Service Ribbon regardless whether the service was in the AUS, RA, ARNG, or USAR.  The Overseas Service Ribbon was established on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

2.  The applicant completed three overseas tours in Vietnam and Germany and he had an active status after 1 August 1981.  Therefore, he is entitled to correction of his final DD Form 214 for the period ending 30 November 1987 to show three awards of the Overseas Service Ribbon.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in ten campaigns while serving in the Republic of Vietnam; therefore, he is entitled to two silver service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's DD Form 214 for the period ending 29 September 1975 listed awards of the VUA, MUC, six overseas service bars, and Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars. 

These awards were omitted from his DD Form 214 for period ending 30 November 1987.  Therefore, he is entitled to correction of his final DD Form 214 to show these awards.

5.  With respect to the orders and certificate for award of the Bronze Star Medal with "V" Device, the applicant was provided with the orders and certificate for this award by separate correspondence.

6.  With respect to the discrepancy between the NPRC letter and the applicant's DD Form 214, the latter is an official Department of Defense document and is the official record of the applicant's service.  It is possible the applicant did not provide NPRC with a copy of the orders that awarded him the LOM.  In any event, the applicant should address this issue together with the spelling of his name with NPRC as this issue is not within the purview of this Board.

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:

* deleting the Overseas Service Ribbon and the Vietnam Service Medal from his DD Form 214 for the period ending 30 November 1987
* adding the following awards to his DD Form 214 for the period ending 30 November 1987:

* Vietnam Service Medal with two silver service stars
* Overseas Service Ribbon (3rd Award)
* Valorous Unit Award
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 
Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* six overseas service bars



      ____________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)                                         AR20100028578



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ABCMR Record of Proceedings (cont)                                         AR20100028578



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