IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120006676 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Service Medal (MSM).

2.  The applicant states he was awarded the MSM, but it was never entered on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 ending on 16 February 1971
* Department of the Army Letter Order dated 6 January 1971

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.  On 1 December 1961, the applicant entered the Regular Army in the rank of second lieutenant, Armor.

3.  On 14 December 1963, the applicant departed the United States for duty in the Republic of Korea (ROK), where he was assigned as the Information Officer with the Eighth U.S. Army Support Command.  He subsequently returned to the United States on or about 3 January 1965.

4.  On 26 April 1967, the applicant departed for duty in the Republic of Vietnam (RVN), where he was assigned for duty as an Assistant Information Officer with the 1st Infantry Division.  He subsequently returned to the United States on or about 4 June 1968.

5.  On 8 July 1968, the applicant was assigned for duty as the Executive Editor, Army Digest Branch, U.S. Army Command Information Unit located in Washington DC.

6.  An AGPZ Form 738 (Record of Army Decorations Board Action), dated 
3 December 1970, shows he was recommended for award of the MSM for the period from 8 July 1968 to 8 February 1971.  The recommendation was approved by the Secretary of the Army.

7.  A Letter Order, Award of the MSM, dated 6 January 1971, states that by direction of President under the provisions of Executive Order, 11448, 
16 January 1969, and for outstanding meritorious service, he was awarded the MSM.

8.  On 16 February 1971, the applicant was discharged from the Regular Army. His DD Form 214 shows the following:

* National Defense Service Medal
* “AFHM”
* Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device 1960
* Bronze Star Medal with one Oak Leaf Cluster
* Army Commendation Medal with three Oak Leaf Clusters
* Meritorious Unit Commendation

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Defense Service Medal (KDSM).  It 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 ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that Headquarters and Headquarters Company, 1st Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 53, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Records show the applicant qualified as an expert with the M-16 rifle and as a marksman with the 30 caliber carbine.

DISCUSSION AND CONCLUSIONS:

1.  A letter order and related documents in the applicant's military records clearly show that he was awarded the MSM.  Therefore, this personal decoration should be shown on his DD Form 214.

2.  The evidence of record shows the applicant served a qualifying tour of duty in the ROK and is authorized the KDSM.  Therefore, this service medal should be shown on his DD Form 214.

3.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized three bronze service stars to be affixed to his already-awarded VSM.

4.  Records show the applicant's unit was cited in general orders for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Records show the applicant qualified as an expert with the M-16 rifle.  Therefore, his records should be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Records show the applicant qualified as a marksman with the 30 caliber carbine.  Therefore, his records should be corrected to show the Marksman Marksmanship Qualification Badge with Carbine Bar.

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.  deleting from his DD Form 214 the VSM; and 

	b.  adding to his DD Form 214 the following:

* Meritorious Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Carbine Bar



__________ _    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)                                         AR20120006676





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ABCMR Record of Proceedings (cont)                                         AR20120006676



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