IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000262 


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, the son of a deceased former service member (FSM), requests correction of his father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Legion of Merit (LOM).

2.  The applicant states:

   a.  the FSM's DD Form 214 does not include his retirement award;

   b.  both he and his brother would like their dad's DD Form 214 corrected to show his LOM.

3.  The applicant provides:

* the FSM's DD Form 214
* an unsigned DA Form 638 (Recommendation for Award) for award of the LOM, dated 29 September 1969 and narrative
* the proposed LOM citation
* his Report of Birth
* the FSM's Certificate of Death

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 FSM's military records show that after having prior service in the U.S. Navy, he was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 28 May 1951.  He entered active duty on 18 September 1951.  

3.  The FSM's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 September 1965 through 2 September 1966 while assigned to the 339th Transportation Battalion.

4.  The FSM's military personnel records jacket (MPRJ) contains the following orders:

	a.  Special Orders Number 14, issued by Headquarters, 41st Transportation Battalion, dated 27 January 1962 awarding him the Expert Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 caliber) Bars.

	b.  General Orders Number 170, issued by Headquarters, U.S. Continental Army Command, Fort Monroe, VA, dated 12 December 1969, awarding him the LOM for exceptionally meritorious conduct in the performance of outstanding service during the period October 1966 to November 1969.

5.  The FSM continued to serve on active duty until he was honorably retired, in the rank of lieutenant colonel (LTC), on 30 November 1969.  The DD Form 214 he was issued at that time shows he completed 20 years and 14 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows the:

* Senior Army Aviator Badge
* Army Commendation Medal
* Vietnam Service Medal
* National Defense Service Medal with oak leaf cluster
* Air Medal
* RVN Campaign Medal with Device (1960)
* one overseas service bar
* Bronze Star Medal
* Armed Forces Reserve Medal
* Meritorious Unit Commendation

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in Vietnam he participated in the following three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  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. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  For Vietnam service, one overseas service bar was 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.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 should be corrected to show award of the LOM.

2.  General orders awarded the FSM the LOM for exceptionally meritorious conduct in the performance of outstanding service during the period October 1966 to November 1969.  Therefore, the FSM's DD Form 214 should be corrected to show this award.

3.  The evidence of record also includes official orders announcing the FSM's award of the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, the FSM's DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with appropriate bars.

4.  Based on the FSM's RVN service and campaign participation, the FSM's DD Form 214 should be corrected to show the Vietnam Service Medal with three bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.

5.  The FSM's DD Form 214 shows one overseas service bar.  He is authorized two, and his DD Form 214 should be so corrected.

6.  The applicant and all others should know that the sacrifices the FSM made in service to the United States during are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

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 24 of the FSM's DD Form 214 the Vietnam Service Medal and one overseas service bar; and

	b.  adding to item 24 of the FSM's DD Form 214 the:

* Legion of Merit
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* two 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)                                         AR20110000262



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ABCMR Record of Proceedings (cont)                                         AR20110000262



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