IN THE CASE OF:	  

		BOARD DATE:	  22 December 2012

		DOCKET NUMBER:  AR20110004500 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1973 to reflect all his awards and decorations.

2.  The applicant states he had numerous awards and decorations awarded to him over his 20-year career and he feels all of these awards should be listed on his final DD Form 214 issued upon his retirement.

3.  The applicant provides multiple awards orders, his DD Forms 214, and his
DA Form 20 (Enlisted Qualification Record) in support of his application.

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 enlisted in the Regular Army (RA) on 17 January 1952 for a period of 3 years.  He was honorably released from active duty on 24 November 1954 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.

3.  On 9 September 1955, the applicant enlisted in the RA for a period of 3 years.  He served continuously through reenlistments until 31 May 1973, at which time he was retired for sufficient service for retirement in the rank/grade of master sergeant (MSG)/E-8.  He completed 20 years and 7 months of total active service.

4.  The applicant’s DA Form 20, last audited by the applicant on 28 April 1972, shows he served in the Vietnam from 27 January 1969 to 26 January 1970.  His DA Form 20 shows in:

	a.  Item 38 (Record of Assignments) that during his Vietnam tour, he was assigned to the:

* 384th Quartermaster Detachment from 27 January 1969 through       10 January 1970
* 34th Supply and Service Battalion from 11 January to 26 January 1970

	b.  Item 41 (Awards and Decorations) the:

* Bronze Star Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver and Mechanic Badge with Driver-W Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(.30 Caliber)
* 2 Overseas Service Bars

5.  The applicant’s record contains DD Forms 214 issued to him on 24 November 1954, 13 June 1960, 13 June 1966, 13 June 1970, and 31 May 1973.  Combined, these DD Forms 214 show he was awarded the:

* Bronze Star Medal
* Army Commendation Medal


* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Carbine Bar

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant’s retirement provided for entering only awards earned during the period covered by the DD Form 214.  However, the current version states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

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

	a.  the National Defense Service Medal 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 of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)


8.  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 384th Quartermaster Detachment, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 16 September 1968 through 31 March 1969 by Department of the Army General Order Number 50, dated 1971.

9.  Department of the Army Pamphlet 672-3, paragraph 6d, states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 for the period ending 31 May 1973 to show all awards and decorations earned throughout his military service has been carefully considered and found to have merit.

2.  Although the regulation in effect at the time of the applicant’s retirement provided only for entering awards and decorations for the period covered by the DD Form 214, the current version provides for entering all awards and decorations earned during a Soldier's military service.  Furthermore, the applicant earned awards that were not listed on any his DD Forms 214 he was issued.

3.  He served during two qualifying period for the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 May 1973 to show the National Defense Service Medal (2nd Award).

4.  The evidence of record shows that based on the applicant's Vietnam service, he is entitled to correction of his DD Form 214 for the period ending 31 May 1973 to show the:

* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


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 deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May 1973 the current awards listed and replacing it with the:

* Bronze Star Medal
* Army Commendation Medal 
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Carbine Bar



      ___________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)                                         AR20110004500



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ABCMR Record of Proceedings (cont)                                         AR20110004500



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