BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120010722 


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), ending on 31 December 1990 to show:

* Two vice three oak leaf clusters with the Meritorious Service Medal
* No oak leaf clusters with the Army Commendation Medal
* No numerals with the Army Service Ribbon
* Two awards of the Overseas Service Ribbon

2.  The applicant states:

* He was awarded three awards of the Meritorious Service Medal so he should be authorized to display two oak leaf clusters
* He was awarded only one award of the Army Commendation Medal so no oak leaf clusters should be added
* The Army Service Ribbon is awarded only once, so there are no numerals authorized
* He should be authorized to display the number 2 on the Overseas Service Ribbon because he completed 12 months in Vietnam and nearly 30 months in Germany

3.  The applicant provides his previous Record of Proceedings (Docket Number AR20110014690, dated 24 January 2012). 



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 enlisted in the Regular Army on 1 September 1967 and he held military occupational specialty 71B (Clerk Typist).  He served in Vietnam from 15 July 1968 to 11 July 1969 and he was credited with a foreign service tour.

3.  He was honorably released from active duty on 11 July 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Vietnam Service Medal
* Good Conduct Medal

4.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 29 September 1972.  

5.  He entered active duty on 16 October 1972 and served in a variety of stateside or overseas assignments, including a completed tour in Germany from January 1973 to June 1976, and he attained the rank of lieutenant colonel (LTC). 

6.  Permanent Orders 20-6, issued by Office of the Judge Advocate General, Washington, DC, on 20 May 1982 awarded him the Meritorious Service Medal for service from 1 August 1976 to 1 August 1982.

7.  Permanent Orders 24-7, issued by Office of the Judge Advocate General, Washington, DC, on 27 May 1986 awarded him the Meritorious Service Medal (1st Oak Leaf Cluster) for service from 15 July 1982 to 1 July 1986.
8.  Permanent Orders 3-1, issued by Headquarters, U.S. Army Information Systems Command, Fort Huachuca, AZ on 18 January 1989 awarded him the Army Commendation Medal (2nd Oak Leaf Cluster) for service from 23 June 1986 to 2 September 1988.

9.  Permanent Orders 50-1, issued by Headquarters, Military Traffic Management Command, Falls Church, VA, on 17 October 1990, awarded him the Defense Meritorious Service Medal for service from 1 July 1982 to 25 October 1990.

10.  He was honorably retired on 31 December 1990 and placed on the Retired List in his retired rank of LTC.  His DD Form 214 shows the:

* National Defense Service Medal (with one bronze service star - Not 1st Award)
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with four bronze service stars
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Army Good Conduct Medal
* Two overseas service bars
* Army Commendation Medal (1st Award - Not 1st Oak Leaf Cluster)
* Army Service Ribbon "1" (indicating first award)
* Overseas Service Ribbon (1st Award)
* Meritorious Service Medal (3rd Award - Not 3rd Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Three Vietnam campaigns (Vietnam Counteroffensive Phases V and VI and TET Counteroffensive)

11.  On 21 March 2012, he was issued a DD Form 215 (Correction to DD Form 214) that added a fourth campaign, the Vietnam Summer - Fall campaign.

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

	a.  The Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Only one award of the Army Service Ribbon is authorized.
	b.  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.

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal.

	d.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of Army Regulation 600-8-22 is authorized for wear on the appropriate service medal such as the Vietnam Service Medal.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Defense Meritorious Service Medal for service from 1 July 1982 to 25 October 1990.  This award is not listed on his DD Form 214.  He is entitled to correction of this form to add it.

2.  He was awarded three awards of the Meritorious Service Medal.  His DD Form 214 listed this award with the number "3."  It is unclear if this meant 3rd oak leaf cluster or 3rd award.  As a matter of clarity, his DD Form 214 should be corrected to show the Meritorious Service Medal (3rd Award).

3.  He was awarded one award of the Army Commendation Medal.  His DD Form 214 listed this award with the number "1."  It is unclear if this meant 1st oak leaf cluster or 1st award.  As a matter of clarity, his DD Form 214 should be corrected to show the Army Commendation Medal (1st Award).

4.  He completed two overseas service tours - Vietnam and Germany, and he had an active status after April 1981.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 to show both awards. 

5.  Only one award of the Army Service Ribbon is authorized.  This negates the need to list the number "1" next to the Army Service Ribbon.  As a matter of clarity, his DD Form 214 should be corrected to show the Army Service Ribbon without the number "1." 
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:

* deleting from his DD Form 214 the:

* Army Service Ribbon (1)
* Overseas Service Ribbon (1)
* Army Commendation Medal (1)
* Meritorious Service Medal (3)

* adding to his DD Form 214 the:

* Defense Meritorious Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Commendation Medal (1st Award)
* Meritorious Service Medal (3rd Award)



      _______ _   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)                                         AR20120010722





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ABCMR Record of Proceedings (cont)                                         AR20120010722



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