BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120019382 


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) for the period ending 31 October 1981 to show the Bronze Star Medal (BSM) (3rd Award), Meritorious Service Medal (MSM), and National Defense Service Medal (NDSM).  He also requests replacement of all his medals along with the certificates.

2.  The applicant states his DD Form 214 was lost for a long time, and he recently realized it was wrong.

3.  The applicant provides no additional documentation.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, MO 63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The ABCMR does not issue replacement certificates.  Army Regulation 
600-8-22 (Military Awards) states veterans and retirees awarded U.S. military decorations to whom an appropriate certificate has not been issued may apply for such certificate by writing to the U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. 

4.  The applicant's military records show he served in the Army National Guard of the United States and U.S. Army Reserve Control Group prior to his involuntary call to active duty on 10 June 1962.  He enlisted in the Regular Army on an unknown date.  He continued to serve on active duty through reenlistments.  He was awarded the military occupational specialties of 13B (Cannon Crewman) and 94B (Food Service Specialist).

5.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service) that he was credited with service in Vietnam from –

* 16 April 1966 through 25 April 1967
* 15 April 1968 through 11 April 1969
* 15 April 1969 through 17 October 1970
* 2 July 1971 through 30 September 1971

* item 35 (Record of Assignments), he was assigned to duty in Vietnam with the following units –

* Service Battery, 3rd Battalion, 1st Artillery, from 19 April 1966 to 25 April 1967
* 23rd Adjutant General Administration Company, from 19 April to 28 April 1968
* Battery A, 6th Battalion, 11th Artillery, from 29 April 1968 to 11 April 1969
* Battery C, 6th Battalion, 11th Artillery, from 23 October 1969 to 17 October 1970
* Battery A, 3rd Battalion 15th Artillery, from 8 July to 29 September 1971

6.  On 31 October 1981, the applicant retired for length of service in the rank of sergeant first class.

7.  His DD Form 214 for the period ending 31 October 1981 shows he was awarded or authorized the:

* NDSM
* Vietnam Service Medal with two silver and one bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with 1960 Device
* RVN Gallantry Cross with Palm Unit Citation
* Purple Heart 
* Army Commendation Medal
* BSM
* Army Good Conduct Medal (6th Award)
* Army Service Ribbon
* Overseas Service Ribbon "1"
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  General Orders Number 1809, dated 17 March 1969, issued by Headquarters, Americal Division awarded him the BSM for meritorious service in connection with military operations against a hostile force from April 1968 to April 1969.

9.  General Orders Number 11550, dated 29 August 1970, issued by Headquarters, Americal Division, awarded him the BSM for meritorious service in connection with military operations against a hostile force from October 1969 to October 1970.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for a third award of the BSM. 

11.  His record is void of any orders or other documents that indicate he was recommended for or awarded the MSM by the proper authority.

12.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

13.  Permanent Orders Number 107-2, dated 25 September 1979, issued by Headquarters, 3rd Infantry Division, awarded him the Army Commendation Medal (Third Oak Leaf Cluster) for meritorious service for the period 26 September 1977 to 22 September 1979.

14.  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 23rd Administration Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 January 1968 through 31 August 1969, by Department of the Army General Orders Number 53, dated 1970.

15.  The MSM was established by Executive Order 11448, 16 January 1969, as amended by Executive Order 12312, 2 July 1981.  It is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation who, while serving in a noncombat area after 16 January 1969, has distinguished himself or herself by outstanding meritorious achievement or service. 

16.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  Absent evidence confirming he was awarded a third BSM, there is an insufficient basis to correct his DD Form 214 to show the BSM (3rd Award).  However, evidence shows general orders awarded him two BSMs.  As such, he is entitled to correction of his DD Form 214 to show the BSM (2nd Award).

2.  Permanent orders awarded him the ARCOM (4th Award) for meritorious service for the period 26 September 1977 to 22 September 1979.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (4th Award).

3.  His DD Form 214 currently lists the NDSM.  Therefore, his DD Form 214 is correct in this regard.

4.  There is no evidence of record and he did not provide any evidence that shows he was awarded or recommended for award of the MSM.  In the absence of orders there is no basis to add the MSM to his DD Form 214.

5.  One of his units in Vietnam was cited for award of the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.
6.  As such, his records should be corrected as recommended below.

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 the BSM from his DD Form 214 for the period ending 31 October 1981, and

	b.  adding the following awards to his DD Form 214 for the period ending 
31 October 1981:

* BSM (2nd Award)
* ARCOM (4th Award)
* MUC

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 the MSM and BSM (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)                                         AR20120019382





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ABCMR Record of Proceedings (cont)                                         AR20120019382



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