IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110024306 


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 the following awards:

* Meritorious Service Medal (MSM) (2nd award)
* Army Commendation Medal (ARCOM) (4th award)
* Army Achievement Medal (AAM) (3rd award)
* Korea Defense Service Medal (KDSM)
* any additional awards as a result of his service during Operation Desert Storm
* Overseas Service Ribbon (OSR) (6th award)

2.  The applicant states he served overseas on six different occasions.  He contends that he did not receive any retirement awards due to taking 89 days of transition leave in conjunction with his retirement.  In addition, they had just returned from Operation Desert Storm and there were many changes.  He was told that the awards would be forwarded to him after retirement.

3.  The applicant provides two DD Forms 214, orders and certificates for the MSM and ARCOM, letter from the National Personnel Records Center, reassignment and retirement orders, DA Form 31 (Request and Authority for Leave), and a DA Form 2-1 (Personnel Qualification Record).


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 on 21 September 1971.  His 
DA Form 2-1 shows in item 5 (Overseas Service) he served in Vietnam during the period 23 February-2 August 1972 with the 1st Battalion, 7th Cavalry Regiment.

3.  On 24 July 1973, he was discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service that shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and one Overseas Service Bar.  

4.  Permanent orders show he was awarded two awards of the MSM, four awards of the ARCOM, and one award of the AAM.

5.  Item 5 of his DA Form 2-1 also shows that in addition to his tour in Vietnam, he completed overseas tours in Hawaii, Korea, Panama, and Germany.  Item 5 further shows he served in Saudi Arabia in a temporary duty (TDY) status. 

6.  On 1 October 1991, he was placed on the retired list.  His DD Form 214 for the period ending 30 September 1991 shows the following awards;

* Army Service Ribbon
* National Defense Service Medal with one bronze service star 
* AAM with 1st Oak Leaf Cluster 
* ARCOM with 2nd Oak Leaf Cluster 
* OSR with Numeral 3
* one Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (6th award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Expert Infantryman Badge
* Combat Infantryman Badge
* Humanitarian Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars
* Southwest Asia (SWA) Service Medal with two bronze service stars
* Vietnam Service Medal with two bronze service stars

7.  His DD Form 214 for the period ending 30 September 1991 also shows he served in SWA from 24 August 1990 through 23 March 1991.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The OSR 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 OSR.

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

	e.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the MSM, ARCOM, and AAM.


9.  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 1st Battalion, 7th Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 by Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders confirm he was awarded two awards of the MSM and four awards of the ARCOM.  However, his DD Form 214 does not show the MSM and only shows three awards of the ARCOM.  Therefore, his DD Form 214 should be corrected to show the additional awards.  

2.  Evidence shows he completed a tour of duty in Korea.  Therefore, he is entitled to correction of his DD Form 214 to show the KDSM.

3.  Based on his service in SWA, he is also entitled to correction of his 
DD Form 214 to show the KLM-SA and the KLM-KU.

4.  Evidence further shows he completed five overseas tours.  His service in SWA was considered to be in a TDY status and as such, he was not credited with completion of an overseas tour for this service.  Therefore, he is entitled to the OSR with Numeral 5 and correction of his DD Form 214 to show these awards. 

5.  Records show his unit in Vietnam was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his 
DD Form 214 should further be corrected to show this unit award.

6.  He contends that he was awarded three awards of the AAM; however, he did not provided orders for the AAM and only one set of orders for the AAM were located in his OMPF.  Therefore, this portion of his request should be denied.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 his DD Form 214 for the period ending 30 September 1991 the Army Commendation Medal with 2nd Oak Leaf Cluster and the Overseas Service Ribbon with Numeral 3; and 

	b.  adding to his DD Form 214 for the period ending 30 September 1991 the following:

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (4th Award)
* Korea Defense Service Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Overseas Service Ribbon with Numeral 5
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 correction of his DD Form 214 to show three awards of the Army Achievement Medal and six awards of the Overseas Service Ribbon.  



      ____________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)                                         AR20110024306



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ABCMR Record of Proceedings (cont)                                         AR20110024306



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