IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110003592


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) for the period ending 18 January 2006 to show in:

* item 11 (Primary Specialty) – "63E4O M1 Tank Maintenance Supervisor"
* item 12f (Foreign Service) – "2005"
* item 18 (Remarks) –

* Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 2
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Medal First Class Unit Citation
* RVN Armed Forces Honor Medal First Class
* National Defense Service Medal (NDSM) with one bronze service star
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Army Reserve Components Achievement Medal (ARCAM)

2.  He states his DD Form 214 is an important document to him as a retired disabled Soldier of the United States of America.

3.  He provides copies of:

* DA Form 7425 (Readiness and Deployment Checklist)
* DD Form 214 for the period ending 8 June 1991


* DD Form 214 for the period ending 18 January 2006

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 was inducted into the Army of the United States on 26 September 1969.  On 20 September 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  After a break in service from 26 September 1975 to 20 August 1978, he enlisted in the USAR, where he served until he enlisted in the Army National Guard (ARNG) on 27 November 2002.  He returned to the USAR on 10 February 2007, serving until he retired on 18 August 2008.  He completed 30 years, 11 months, and 24 days of qualifying service for retired pay.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified as Sharpshooter with the M-14 rifle and as Expert with the M-16 rifle
* item 31 (Foreign Service) he was credited with normal tour completion for service in Vietnam from 2 April 1970 through 5 March 1971
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with –

* Headquarters and Headquarters Company, 158th Aviation Battalion, 101st Airborne Division, from 11 to 18 April 1970
* Company D, 158th Aviation Battalion, 101st Airborne Division, from 19 April 1970 to 4 March 1971

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 September 1971 shows the:

* NDSM
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)

5.  A DD Form 214 for the period ending 8 June 1991, as amended by a DD Form 215 (Correction to DD Form 214), dated 17 July 1992, shows he was ordered to active duty in support of Operations Desert Shield/Desert Storm and served in Southwest Asia from 7 February to 11 May 1991.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* Army Good Conduct Medal (AGCM)
* VSM with three bronze service stars
* Armed Forces Reserve Medal (AFRM) with 10-Year Device
* NCOPDR with Numeral 2
* Army Service Ribbon (ASR)
* ARCAM
* RVN Campaign Medal
* Air Assault Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation (PUC)
* Valorous Unit Award (VUA)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Armed Forces Honor Medal First Class
* NDSM with one bronze service star
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Kuwait Liberation Medal (KLM)

6.  Orders 356-099 issued by the Texas ARNG, Austin, TX, dated 21 December 2004, ordered him to active duty in support of Operation Iraqi Freedom (OIF) with a reporting date of 6 January 2005.  The orders show he was ordered to active duty in military occupational specialty (MOS) 63B4O (Light Wheeled Vehicle Mechanic).

7.  A DD Form 214 for the period ending 18 January 2006 shows he served on active duty in support of OIF with service in Iraq from 7 January to 7 December 2005.

	a.  Item 8a (Last Duty Assignment and Major Command) shows he was assigned to Company B, 2nd Battalion, 12th Armor.

	b.  Item 11 (Primary Specialty) shows the entry "63B4O WHEELED VEHICLE MECHANIC – 1 YRS 0 MOS."

	c.  Item 12f shows he completed 11 months and 1 day of foreign service.

	d.  Item 13 shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* ARCOM
* AAM
* AGCM
* ARCAM
* NDSM
* VSM (3rd Award) [sic]
* SWASM
* NCOPDR
* ASR
* Overseas Service Ribbon
* AFRM with "M" Device
* Combat Action Badge
* Air Assault Badge
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal

8.  His record includes two ARCOM Certificates.

	a.  The first shows Permanent Order 1-16 issued by the 4150th U.S. Army Reserve Forces School, Dallas, TX, dated 3 August 1996, awarded him the ARCOM for the period 30 August 1995 to 1 September 1996.

	b.  The second shows Permanent Order 307-01 issued by 4th Brigade (Combat Service Support), Grand Prairie, TX, dated 3 November 2002, awarded him the ARCOM for the period 1 November 1996 to 30 November 2002.

9.  His record contains two documents pertaining to award of the ARCAM.

	a.  A DA Form 2496 (Disposition Form), dated 10 November 1987, shows he was awarded the ARCAM for the period September 1983 to September 1987.

	b.  A memorandum for record, dated 1 December 2005, subject:  ARCAM, shows he was awarded the ARCAM for the period 7 November 2002 to 6 November 2005.

10.  A review of his record failed to reveal documentation showing he held MOS 63E4O (M1 Abrams Tank Systems Mechanic).

11.  Orders 356-099 issued by the Texas ARNG, Austin, TX, dated 21 December 2004, ordered him to active duty in support of OIF.  These orders show he was assigned to Company B, 2nd Battalion, 112th Armor, and he held primary MOS 63B4O at the time.

12.  A U.S. Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows he completed 30 years, 11 months, and 24 days of service qualifying for retirement.  He completed 10 qualifying years during the period 21 August 1978 to 20 August 1989, another 10 qualifying years during the period 21 August 1989 to 20 August 1999, and 9 qualifying years from 21 August 1999 to his retirement in 2008.

13.  He provides a DA Form 7425, dated 12 January 2005, that shows the entry "M1 Tank Maintenance Supervisor 63E4O" in item 12 (Job Title/MOS).

14.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, AGCM, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* 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)

	b.  Paragraph 2-10 provides the criteria for the NDSM.  It states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards are denoted by a bronze service star affixed to the NDSM.

	c.  Paragraph 2-17 provides the criteria for the Iraq Campaign Medal (ICM).

		(1)  It states the ICM is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense.

		(2)  It states members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such member may be awarded the ICM in lieu of the GWOTEM for such service.  No member will be entitled to both medals for the same act, achievement or period of service.

	d.  Paragraph 5-8 provides the criteria for award of the AFRM.

		(1)  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who, on or after 1 August 1990 were called to active duty and served under Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406, or, in the case of the U.S. Coast Guard Reserve, under Title 14, U.S. Code, section 712.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(A)(13).

		(2)  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a Regular Component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.

		(3)  The 10-Year Device (hourglass with Roman numeral X) is authorized for wear on the AFRM to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass, and the third 10-year period by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass.  The "M" Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

	e.  Paragraph 9-14 states the KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	f.  Paragraph 9-15 states the KLM awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

15.  A message from the Military Awards Branch, U.S. Army Human Resources Command, dated 8 February 2005, provided clarification on award of the AGCM.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day 1 once the Soldier is released from active duty.  Any time prior to mobilization is lost and cannot count toward award of the ARCAM).

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 158th Aviation Battalion was cited for award of the:

* PUC for the period 8 February to 28 March 1971, by Department of the Army General Orders (DAGO) 13, dated 1974
* VUA for the period 22 to 23 July 1970, by DAGO 50, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971, by DAGO 6, dated 1974
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 October to 7 December 1970 by DAGO 11, dated 1973

17.  DAGO 25, dated 2009, cited Company B, 2nd Battalion, 112th Armored Regiment, for award of the Meritorious Unit Commendation (MUC) for the period 5 January to 21 November 2005.
18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation provides the following instructions for completing the DD Form 214:

	a.  For item 11, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served from the Enlisted Record Brief (ERB).  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

	b.  For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the ERB.

	c.  For item 13, list awards and decorations for all periods of service.

	d.  Item 18 will be used for continuation of entries in items 11, 13, and 14 (Military Education).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not provide a sufficient basis for correction of his DD Form 214 for the period ending 18 January 2006 to show he held MOS 63E4O.  Although the DA Form 7425 he provides indicates he held this MOS, his record does not include orders awarding him the MOS and none of the other available records show he held the MOS.  In the absence of such documentation, there is no basis for correction of his DD Form 214 to show he held MOS 63E4O.

2.  He indicates item 12f of his DD Form 214 for the period ending 18 January 2006 should show the year 2005.  The governing regulation does not provide for entering a calendar date in item 12f.  This item is to show the total foreign service completed during the period covered by the form.  Item 12f of his DD Form 214 correctly shows the foreign service he completed during the period covered by the form.  He is not entitled to correction of this item to show the year 2005.

3.  He has requested the addition of awards to his DD Form 214 for the period ending 18 January 2006.  A review of his record shows awards were also omitted from his DD Forms 214 for the periods ending 20 September 1971 and 8 June 1991.  It would be appropriate to correct each of these forms to show the awards he was entitled to at the conclusion of his active duty service during each period.

4.  The record shows he is entitled to correction of his DD Form 214 for the period ending 20 September 1971 to show the following additional awards:

	a.  His service in Vietnam coincided with three campaigns entitling him to three bronze service stars for his previously-awarded VSM.

	b.  He was awarded the RVN Armed Forces Honor Medal First Class.

	c.  At the time of his release from active duty in 1971, he had qualified as Sharpshooter with the M-14 rifle and as Expert with the M-16 rifle.  Based on these qualifications, he is entitled to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

	d.  He served in a unit during a period for which it received the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

5.  The record shows he was entitled to an additional award at the conclusion of his active duty service on 8 June 1991.  The DD Form 214 covering this period shows the "Kuwait Liberation Medal"; however, he is actually authorized the KLM-SA and KLM-KU.

6.  The awards shown on his two previous DD Forms 214 should also be shown on his DD Form 214 for the period ending 18 January 2006.  Additionally, this DD Form 214 should show the following awards earned after 1991.

	a.  He received two awards of the ARCOM.  This DD Form 214 should show the ARCOM (2nd Award).

	b.  He served during three periods of eligibility for the NDSM.  This DD Form 214 should show the NDSM with two bronze service stars.

	c.  Prior to this period of active duty service, he completed 20 years of service qualifying for award of the AFRM with 20-Year Device.

	d.  He served in a unit during a period for which the unit was cited for award of the MUC.  This DD Form 214 should show this unit award.

7.  His record includes documentation showing he was authorized two awards of the ARCAM.  However, the second award of the ARCAM was authorized for a period of service overlapping his active Federal service in support of OIF, a period which could not be applied toward eligibility for the ARCAM.  Accordingly, his DD Form 214 for the period ending 18 January 2006 correctly shows one ARCAM.

8.  The record shows he was awarded the GWOTEM for service in Iraq.  While he did complete a period of service early on in his tour in Iraq that made him eligible for this decoration, shortly after his tour began the ICM replaced the GWOTEM as the only award authorized for service in Iraq.  While the GWOTEM shown on his final DD Form 214 is not technically incorrect, the applicant should note that if he wishes to have his record show the ICM instead of the GWOTEM, he may submit a new application.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  making the following deletion from and additions to item 24 of his DD Form 214 for the period ending 20 September 1971:

* delete the VSM
* add the:

* VSM with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* PUC
* VUA
* RVN Armed Forces Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
	b.  making the following deletion from and additions to item 13 of his DD Form 214 for the period ending 8 June 1991:

* delete the KLM
* add the KLM-SA and KLM-KU

	c.  making the following deletions from and additions to item 13 of his DD Form 214 for the period ending 18 January 2006:

* delete the –

* ARCOM
* VSM (3rd Award)
* SWASM
* AFRM with "M" Device
* NCOPDR

* add the –

* ARCOM (2nd Award)
* NCOPDR with Numeral 2
* AFRM with "M" Device and 20-Year Device
* NDSM with two bronze service stars
* VSM with three bronze service stars
* RVN Armed Forces Honor Medal First Class
* RVN Campaign Medal with Device (1960)
* SWASM with two bronze service stars
* KLM-SA
* KLM-KU
* PUC
* VUA
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 




much of the application that pertains to MOS 63E4O, the foreign service shown in item 12f of his most recent DD Form 214, and the ARCAM.



      ____________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)                                         AR20110003592



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ABCMR Record of Proceedings (cont)                                         AR20110003592



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