IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010870 


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 Discharge from Active Duty) for the period ending 31 October 1985 and his 
DA Form 2-1 (Personnel Qualification Record) to show award of the Meritorious Service Medal.

2.  The applicant states he received the award after he retired from active duty.

3.  The applicant provides a copy of Permanent Orders 216-5, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, dated 7 November 1986

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 9 June 1965 for a period of 3 years.  He was honorably released from active duty on 30 October 1968 as an overseas returnee.  He completed 3 years, 4 months, and 22 days of net active service this period.

3.  On 24 January 1969, he enlisted in the RA and he served continuously on active duty through 31 October 1985 when he retired by reason of required service for retirement.  He completed 20 years, 1 month, and 29 days of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with five bronze service stars
* Army Commendation Medal (3rd Award)
* four overseas service bars
* Army Good Conduct Medal (5th Award)
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "1"
* Army Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with
Numeral "4"
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant's DA Form 20 (Enlisted Qualification Record), last audited by him on 14 November 1974 shows, in item 38 (Records of Assignments) he served in Vietnam with:

* the 25th Administration Company from 30 October 1966 through 6 April 1967
* Headquarters and Service Battery, 1st Battalion, 8th Artillery from 7 April through 21 October 1967
* the 17th Field Hospital from 22 October 1967 to 27 October 1968

5.  The applicant's DA Form 2-1, last reviewed by him on 28 November 1984, shows in item 5 (Overseas Service) he served in:

* Vietnam from 23 October 1966 through 1 November 1968
* Okinawa from 30 November 1971 through 29 October 1974
* Germany from 15 December 1978 through 12 November 1981

6.  In support of his application, he provides a copy of Permanent Orders
216-5, dated 7 November 1986, that awarded him the Meritorious Service Medal for outstanding meritorious service during the period 1 November 1976 through 31 October 1986.

7.  General Orders Number 4737, issued by Headquarters, 25th Infantry Division, dated 6 December 1967, awarded him the Army Commendation Medal for meritorious service from October 1966 to September 1967.

8.  General Orders Number 326, issued by Headquarters, Fifth U.S. Army, 
Fort Sam Houston, TX, dated 5 October 1971, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from 24 January 1969 to 30 September 1971.

9.  Permanent Orders 206-2, issued by Headquarters, 9th Infantry Division, 
Fort Lewis, WA, dated 6 November 1978, awarded him the Army Commendation Medal (3rd Oak Leaf Cluster) [sic, 2nd Oak Leaf Cluster] for meritorious service from 12 May 1976 to 7 November 1978.

10.  Permanent Orders 6-3, issued by Headquarters, V Corps, dated 29 January 1982, awarded him the Army Commendation Medal (3rd Oak Leaf Cluster) for meritorious service from 17 December 1978 to 15 November 1981.

11.  The applicant's record shows he participated in five campaign phases during his service in Vietnam.

12.  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 units to which the applicant was assigned was cited for the following awards:

	a.  25th Administration Company:

* Meritorious Unit Commendation for the period January through December 1966 by Department of the Army General Order (DAGO)
Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 thorough 21 January 1970 by DAGO Number 52, dated 1971

	b.  Headquarters and Service Battery, 1st Battalion, 8th Artillery:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971

13.  Paragraph 6 (Miscellaneous Information) of this pamphlet states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the:

	a.  Overseas Service Ribbon is awarded for successful completion of an overseas tour not recognized by another service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, is worn on the appropriate service medal, including the Vietnam Service Medal.  A silver service star will be worn in lieu of five bronze service stars.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect during the period of the applicant's military service, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

16.  A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  It was maintained for Soldiers in the Active Army or in an active status.



DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Meritorious Service Medal.  Therefore, his DD Form 214 for the period ending 31 October 1985 should be corrected to show this award.

2.  General and/or permanent orders awarded the applicant four awards of the Army Commendation Medal.  Therefore, his DD Form 214 for the period ending 31 October 1985 should be corrected to these awards.

3.  The applicant participated in five campaigns phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 31 October 1985 to show this silver service star.

4.  The applicant successfully completed two overseas tours (Okinawa and Germany) for which another service medal was not authorized.  Therefore, he is entitled to a Numeral "2" for wear on his already-awarded Overseas Service Ribbon and correction of his DD Form 214 for the period ending 31 October 1985 to show the Numeral 2.

5.  The applicant's units in Vietnam were cited for a combined one award of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 October 1985 to show these unit awards.

6.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 for the period ending 31 October 1985 to show his awards and decorations as recommended below.

7.  The applicant's military service record shows he retired on 31 October 1985.  As such, his DA Form 2-1 is no longer active or accessible; therefore, there is no basis for adding the Meritorious Service Medal to his DA Form 2-1.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from item 13 of his DD Form 214 for the period ending 31 October 1985 the:

* Vietnam Service Medal with five bronze service stars
* Army Commendation Medal - 3
* Overseas Service Ribbon - 1

	b.  adding to item 13 of his DD Form 214 for the period ending 31 October 1985 the:

* Meritorious Service Medal
* Army Commendation Medal (4th Award)
* Vietnam Service Medal with one silver service star
* Overseas Service Ribbon with Numeral "2"
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

2.  The Board further determined that 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 adding the award of the Meritorious Service Medal to his DA Form 2-1.



      _______ _ 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)                                         AR20110010870



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ABCMR Record of Proceedings (cont)                                         AR20110010870



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