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ARMY | BCMR | CY2011 | 20110010939
Original file (20110010939.txt) Auto-classification: Approved

		IN THE CASE OF:	  .

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010939 


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) to show:

* Meritorious Service Medal
* two additional awards of the Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Multinational Force and Observers Medal

2.  The applicant states when he retired he did not realize these medals had been inadvertently omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award) for the Meritorious Service Medal
* four Army Achievement Medal Certificates for the periods –

* 6 October 1982 to 28 March 1984
* 25 April 1985 to 30 September 1985
* 27 April 1988 to 17 October 1988
* 15 June 1989 to 25 June 1989

* DA Form 2-1 (Personnel Qualification Record – Part II)
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 is a retired sergeant first class/E-7.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 30 June 1991 lists:

* Army Commendation Medal (1st  Oak Leaf Cluster (OLC))
* Armed Forces Expeditionary Medal (Korea)
* National Defense Service Medal with one bronze service star
* Army Good Conduct Medal (6th Award)
* Army Achievement Medal (1st OLC)
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant's official military personnel file (OMPF) contains a microfiche.  This media contains an illegible DA Form 20 (Enlisted Qualification Record).  Although it is known he served in Vietnam from 19 January 1972 to 4 August 1972, his unit(s) of assignment cannot be determined with any degree of certainty.



5.  The applicant's DA Form 2-1 shows the following awards:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal
* Army Service Ribbon
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Overseas Service Ribbon (3rd Award)
* Army Commendation Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant's OMPF contains:

* orders for his sixth award of the Army Good Conduct Medal
* orders for an Army Commendation Medal for the period 1 February 1985 to 8 February 1986
* an Army Achievement Medal Certificate for the period 6 October 1982 to 28 March 1984
* orders for two Army Achievement Medals for the periods 25 April 1985 to 30 September 1985 and 27 April 1988 to 17 October 1988

* the Army Achievement Medal for the period 27 April 1988 to 17 October 1988 (174 days) was for meritorious achievement as a member of the Multinational Force and Observers mission in the Sinai, Egypt

7.  The applicant provides an Army Achievement Medal Certificate for the period 15 through 25 June 1989 citing his achievement as a Support Company platoon sergeant for the Platoon Tactics Committee, Camp Adventure, Fort Lewis, WA.  This document is signed by the Commanding General, Fourth Reserve Officers' Training Corps (ROTC) Region, Fort Lewis, WA.

8.  The DA Form 638 provided by the applicant shows he was awarded the Meritorious Service Medal for the period 1 May 1981 to 30 April 1991 by Permanent Order Number 38-11, Headquarters, I Corps, Fort Lewis, dated 7 May 1991.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's service in Vietnam, there were two campaigns:  Consolidation II from 1 December 1971 to 29 March 1972 and Cease Fire from 30 March 1972 to 28 January 1973.

10.  The 4th Region ROTC Program conducts Leader Development and Assessment Courses (LDAC) as the centerpiece of its ROTC Program.  Over the last 40 years, the Army has variously called it "Advanced Camp" and "Camp Adventure" and it is currently known as "Warrior Forge."  It is conducted only during the summer months (June, July, and August) at Fort Lewis, WA.  

11.  Army Regulation 600-8-22 provides the Multinational Force and Observers Medal was established by the Director General, Multinational Force and Observers (MFO), 24 March 1982.  Presidential acceptance for the United States Armed Forces and DOD civilian personnel is announced by Department of Defense on 28 July 1982.  To qualify for the award personnel must have served with the MFO at least ninety (90) cumulative days after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the MFO to qualify for the award.  Periods of service on behalf of the MFO outside of the Sinai, and periods of leave while a member is serving with the MFO, may be counted toward eligibility for the MFO medal.  Qualifying time may be lost for disciplinary reasons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the following awards:

* Meritorious Service Medal
* two additional awards of the Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Multinational Force and Observers Medal

2.  Permanent Order Number 38-11, Headquarters, I Corps, Fort Lewis, dated 7 May 1991, awarded the applicant the Meritorious Service Medal as a retirement award.  It should be added to his DD Form 214.

3.  The applicant's DD Form 214 lists two awards of the Army Achievement Medal.  He submitted documentation to show four awards of this medal.  However, his OMPF contains evidence to support only three awards, the one award that is not documented in the applicant's records is the fourth award for the period 15 to 25 June 1989 for his support to ROTC Camp Adventure, Fort Lewis.  The applicant's evidence is accepted because:

* he was assigned to Fort Lewis during the time in question
* the medal was awarded by the then 4th ROTC Region Commanding General

4.  Therefore, the applicant's DD Form 214 should be corrected to show 4 awards of the Army Achievement Medal.

5.  The applicant's DA Form 2-1 shows he was awarded the Noncommissioned Officer Professional Development Ribbon with Numeral 3.  This should be added to his DD Form 214.

6.  The applicant was awarded an Army Achievement Medal as a member of the Multinational Force and Observers mission in Sinai, Egypt in 1988, during which time he served 174 days.   He is entitled to award of the Multinational Force and Observers Medal and should be added to his DD Form 214.

7.  The applicant served in Vietnam and his DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, he served during two campaigns and this medal should reflect two bronze service stars.  This should be corrected.

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:

* awarding him the Multinational Force and Observers Medal for his duty in Sinai, Egypt from 27 April 1988 to 17 October 1988
* deleting from his DD Form 214 for the period ending 30 June 1991 the

* Vietnam Service Medal
* Army Achievement Medal (1st OLC)

* adding to his DD Form 214 for the period ending 30 June 1991 the

* Meritorious Service Medal
* Army Achievement Medal (4th Award)
* Vietnam Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Multinational Force and Observers Medal




      ____________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)                                         AR20110010939



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20110010939



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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