IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20110024937
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 award of the Meritorious Service Medal.
2. The applicant states the Meritorious Service Medal was awarded to him after his retirement in June 1980.
3. The applicant provides his Meritorious Service Medal Certificate.
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's records show he served in the Regular Army from 23 January 1959 through 31 May 1980 as an artilleryman, gunner, section chief, and/or recruiter/career counselor. He completed the following periods of foreign service:
*
Germany from 18 December 1968 to 17 December 1970
* Vietnam from 22 March 1970 to 21 March 1971
* Panama from 6 April 1975 to 5 January 1977
3. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Good Conduct Medal (5th Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
* six campaigns in Vietnam
4. General Orders (GO) Number 9655 issued by Headquarters, 25th Infantry Division, awarded him the Bronze Star Medal for achievement from 1 July to 31 August 1970 while assigned to the 1st Battalion, 8th Artillery.
5. His last assignment was with multiple artillery and/or infantry units as a supply sergeant and logistics coordinator at Fort Benning, GA.
6. He was placed on the Retired List in the rank/grade of sergeant first class/E-7 on 1 June 1980. His DD Form 214 shows the:
* National Defense Service Medal
* Good Conduct Medal (5th Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with one silver and one bronze service stars
* Bronze Star Medal
7. His records do not contain official orders showing he was awarded the Meritorious Service Medal. However, he submits a copy of a Meritorious Service Medal Certificate, dated 11 June 1980, that shows he was awarded the Meritorious Service Medal for distinguished service from 3 May 1970 to 31 May 1980 as an artilleryman in both combat and peace time in positions ranging from assistant gunner to section chief, brigade career counselor, recruiter, supply sergeant, and battalion logistics coordinator.
8. Army Regulation 600-8-22 (Military Awards) provides that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9. Department of the Army GO Number 5, dated 1973, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 600-8-22 states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Meritorious Service Medal. The applicant's record is void of orders for this award.
2. Nevertheless, the meritorious service described on the Meritorious Service Medal Certificate is commensurate with his position and consistent with the duties shown on his DA Form 2-1. Although orders are not available, the Meritorious Service Medal is a typical retirement award for a noncommissioned officer. Therefore, the certificate is accepted as sufficient to correct the applicant's DD Form 214 to show award of the Meritorious Service Medal.
3. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 adding the following awards to his DD Form 214 for the period ending 31 May 1980:
* Meritorious Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ 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) AR20110024937
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ABCMR Record of Proceedings (cont) AR20110024937
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