BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110018652 


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 that his records be corrected to reflect all of his authorized awards and decorations.

2.  The applicant states that he desires his records to reflect all of his authorized awards because he is proud of his service and desires to wear and display all of his authorized decorations.

3.  The applicant provides copies of his five DD Form 214s (Reports of Separation from Active Duty) and a copy of his Personnel Qualification Record – Part II (DA Form 2-1).

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 in Roanoke, Virginia on 4 June 1957 for a period of 3 years.  He completed his training and served until he was honorably released from active duty (REFRAD) at Fort Campbell, Kentucky in the pay grade of E-4 on 8 March 1960.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Parachutist Badge and the Army Good Conduct Medal. 

3.  He again enlisted in the Regular Army in Roanoke on 21 December 1962 and served through a series of continuous reenlistments until he was honorably REFRAD in the rank of command sergeant major (CSM) E-9 on 31 December 1982 and was transferred to the Retired List effective 1 January 1983.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the following awards:

* Master Parachutist Badge
* Vietnam Service Medal (VSM)
* National Defense Service Medal
* Vietnam Campaign Medal with 60 Device
* Army Commendation Medal with 3 oak leaf clusters (3OLC)
* Meritorious Unit Commendation
* Combat Infantryman Badge
* Good Conduct Medal (6th award)
* Pathfinder Badge
* Expert Marksmanship Badge with rifle and pistol bars
* Overseas Service Ribbon (OSR)
* NCO Professional Development Ribbon (NCOPDR)  

4.  A review of his records shows that he was issued five DD Form 214s during his career.  He served three tours in Vietnam (651226-660917  670627-681228  700112-710709) and two tours in Germany for a total of five complete overseas tours.  He graduated from the Sergeants Major Academy in 1981 and his previously issued DD Form 214s show that he was awarded the Bronze Star Medal (BSM) that was not reflected on his last DD Form 214.  His records also show that he served in 10 campaigns during his three tours in Vietnam.

5.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The numeral "4" is worn to denote completion of the Sergeants Major Academy.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's units were awarded the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods he was assigned to the units.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

9.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200. 

10.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  Prior to January 1967, only those awards earned during the period covered by the DD Form 214 were entered on that form.  After January 1967, all awards authorized were required to be entered on the DD Form 214. 
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant served in 10 campaigns during his three tours in Vietnam and is entitled to wear the VSM with two silver service stars.

2.  He completed the Sergeants Major Academy and is entitled to wear the NCOPDR with the numeral "4".

3.  He completed five overseas tours and is entitled to wear the OSR with numeral "4".

4.  He was awarded the BSM which is reflected on his previous DD Form 214s but is not reflected on his last DD Form 214.  Accordingly, it should be added at this time.

5.  His units in Vietnam were awarded the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods he was assigned to the units.  Accordingly, they should be added to his DD Form 214 dated 31 December 1982 along with his other awards.

BOARD VOTE:

___x_____  __x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* By deleting the awards of the Vietnam Service Medal, the Overseas Service Ribbon and the Noncommissioned Officer Professional Development Ribbon from block 13 of his DD Form 214 dated 31 December 1982.
* By adding the awards of the Vietnam Service Medal with two silver service stars, the Overseas Service Ribbon with numeral "4" and the Noncommissioned Officer Professional Development Ribbon with numeral "4" to block 13 of his DD Form 214 dated 31 December 1982.
* By adding the award of the BSM, the PUC, VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 13 of his DD Form 214 dated 31 December 1982.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110018652





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018652



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1