IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110011768
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) ending on 30 September 1991 to show award of the Defense Meritorious Service Medal with First Oak Leaf Cluster (1st OLC) and the Vietnam Service Medal with six bronze service stars.
2. He states these awards were not entered on his DD Form 214.
3. He provides three DD Forms 214 covering his entire military career.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he was inducted into the Army on 25 June 1970. He was awarded the military occupational specialty of personnel specialist. He continued his service through reenlistments and was promoted to the rank of master sergeant/pay grade E-8.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 11 December 1970 to 18 May 1972, in four campaigns.
4. He was retired for length of service on 30 September 1991 after completing more than 20 years of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 September 1991 shows, in pertinent part, the Defense Meritorious Service Medal and Vietnam Service Medal with four bronze service stars.
6. His records are void of any orders or other documents that indicate he was ever awarded a second Defense Meritorious Service Medal.
7. The Defense Meritorious Service Medal was established by Executive Order 12019, 3 November 1977. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November
1977, distinguished themselves by noncombat meritorious achievement or service.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is awarded in place of five bronze service stars. His records show that during his tour of duty in Vietnam he participated in the following campaigns:
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)
DISCUSSION AND CONCLUSIONS:
1. His records are void of any orders or other documents that indicate he was awarded a second Defense Meritorious Service Medal by proper authority. As such, there is no basis to add the Defense Meritorious Service Medal (2d Award) to his DD Form 214 ending on 30 September 1991.
2. He was awarded the Vietnam Service Medal. His records show he participated in four campaigns while serving in Vietnam. His DD Form 214 reflects this and appears to be correct in this regard. As such, there is no basis to change his DD Form 214 to show otherwise.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20110011768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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