IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001679 


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 (3rd Award), Army Good Conduct Medal (3rd Award), and Overseas Service Ribbon.

2.  The applicant states he recently discovered the errors while reviewing his final DD Form 214 that was issued on 30 November 2000.

	a.  He received the third award of the Meritorious Service Medal (MSM) on
20 November 2000, but it is not recorded on the document.

	b.  He served honorably on active duty in an enlisted status for 9 years and 20 days, but he only received two awards of the Army Good Conduct Medal (AGCM).

	c.  Based on a change to the award criteria for the Overseas Service Ribbon (OSR), he is eligible for the ribbon because he completed 18 months of service in the Republic of Vietnam (RVN).

3.  The applicant provides, in support of his request, copies of documents for his third award of the MSM and four DD Forms 214.


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 was inducted in the Army of the United States on 24 April 1967.  

3.  A DD Form 214 shows the applicant was honorably discharged on 28 April 1967 to enlist in the Regular Army (RA).  He completed 5 days of net active service this period.

4.  A DD Form 214 shows the applicant entered active duty in the RA on 29 April 1967 and he was honorably discharged on 13 August 1969 to reenlist in the RA. He completed 2 years, 3 months, and 15 days of net active service this period that included 1 year of foreign service.

5.  A DD Form 214 shows the applicant entered active duty this period on
14 August 1969 and he was honorably discharged on 13 May 1976.  He completed 6 years and 9 months of net active service this period that included
6 months and 9 days of foreign service.  It also shows:

	a.  he served in the RVN from 8 January 1968 through 8 January 1969 and from 1 December 1970 through 9 June 1971;

   b.  was promoted to staff sergeant (SSG)/pay grade E-6 on 15 June 1970;

   c.  was awarded the AGCM (2nd Award); and

	d.  his last duty assignment was the 273rd Aviation Company, Fort Sill, Oklahoma 73503.

6.  Headquarters, U.S. Army Materiel Group Number 1 (Logistics Support), Corpus Christi, Texas, General Orders Number 29, dated 5 May 1970, awarded the applicant the AGCM (1st Award) for the period 24 April 1967 to 23 April 1970.
7.  Headquarters, U.S. Army Field Artillery Center, Fort Sill, Oklahoma, General Orders Number 936, dated 10 September 1973, awarded the applicant the AGCM (2nd Award) for the period 24 April 1970 to 23 April 1973.

8.  The applicant enlisted in the U.S. Army Reserve on 14 May 1976 and served in an active Reserve status.  He was honorably discharged on 7 January 1986 and appointed as a Reserve warrant officer on 8 January 1986.

9.  A DD Form 214 shows the applicant entered active duty this period on
10 September 1995 and he was honorably released from active duty on
30 November 2000 based on completion of required active service.

	a.  He completed 5 years, 2 months, and 21 days of net active service this period; 9 years and 20 days of total prior active service; and 19 years, 3 months, and 26 days of total prior inactive service.

	b.  It also shows (in part) that he was awarded the MSM (2nd Award), AGCM
(2nd Award), and Vietnam Service Medal (VSM).  It does not show the Overseas Service Ribbon.

10.  In support of his request, the applicant provides copies of a DA Form 638 (Recommendation for Award) and DA Form 4980-12 (MSM Certificate) that show Headquarters, 75th Division (Training Support), Houston, Texas, Permanent Order Number 325-01, dated 4 December 2000, awarded the applicant the MSM (3rd Award) for the period 12 October 1999 to 30 November 2000.

11.  A review of the applicant's military service records (for the period 24 April 1973 to 23 April 1976) failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (3rd Award).

12.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

13.  The applicant's DD Form 214 shows he was awarded the VSM, but it does not show he was awarded any service stars to signify campaign participation credit.

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in and that a silver service star is authorized in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's two tours of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  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 OSR 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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 30 November 2000 DD Form 214 should be corrected to show award of the MSM (3rd Award), AGCM (3rd Award), and OSR.

2.  The evidence of record shows:

a. permanent orders awarded the applicant the MSM (3rd Award) for the period 12 October 1999 to 30 November 2000;

	b.  the applicant qualified for award of the VSM and he served in six campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star and one bronze service star for wear on his already-awarded VSM; and

	c.  the applicant was a member of the Army Reserve in an active Reserve status on 1 August 1981 and he completed a normal overseas tour of duty in the RVN on 8 January 1969.  Thus, he qualifies for retroactive award of the OSR.

3.  The applicant served a qualifying period of active duty enlisted service for the third award of the AGCM from 24 April 1973 to 23 April 1976.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM (3rd Award).

   b.  Despite the absence of the unit commander's recommendation for award of the AGCM (3rd Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his 30 November 2000 DD Form 214 to show the award.

4.  In view of the foregoing it would be appropriate to correct the applicant's
records to show these awards and decorations, as recommended below.

BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the AGCM (3rd Award) for the period 24 April 1973 to
23 April 1976 (Standard Name Line:  SSG  273rd Aviation Company, Fort Sill, Oklahoma 73503);

   b.  deleting from his 30 November 2000 DD Form 214 the:
   
* Meritorious Service Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal

	c.  adding to his 30 November 2000 DD Form 214 the:

* Meritorious Service Medal (3rd Award)
* Army Good Conduct Medal (3rd Award)
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* 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)                                         AR20120001679



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001679



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1