IN THE CASE OF:	  

		BOARD DATE:	    17 October 2013

		DOCKET NUMBER:  AR20130003298 


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 on 11 May 1991 to add the Legion of Merit and all other awards to which he is entitled.

2.  The applicant states, in effect, he recently received an inaccurate DD Form 214.  His Legion of Merit and other awards are missing.

3.  The applicant provides:

* Self-authored statement, dated 12 February 2012
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 29 March 1972
* Certificate for Award of the Legion of Merit, dated 30 April 1996
* Certificate of Retirement, dated 30 August 1996
* DD Form 214 for the period ending on 11 May 1991
* Email, dated 27 August 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.  After having previous enlisted service, the applicant was appointed as a Reserve commissioned officer on 1 August 1968.  His record contains a
DD Form 214 showing he entered active duty on 30 March 1969.

3.  During this period of service he was assigned to Vietnam from 17 March 1970 to 16 March 1971 and served with Headquarters and Headquarters Company and Band, 82nd Airborne Division.  He was honorably released from active duty on 29 March 1972 and he was transferred to the U.S. Army Reserve (USAR).  He was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Two overseas service bars

4.  His DA Form 2-1 (Personnel Qualification Record) shows he was awarded or authorized the:  

* Army Reserve Components Achievement Medal on 17 September 1976
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 24 September 1978
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber) on 21 October 1981

5.  His DD Form 214 shows he entered active duty from the USAR on 27 December 1990 and he was honorably released from active duty on 11 May 1991.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal with bronze service star
* Army Commendation Medal (2nd Award)

6.  On 20 March 1992, he was issued a DD Form 215 (Correction to DD Form 214) that added/corrected several entries on his DD form 214 for the period ending 11 May 1991, including adding to item 13 the:

* Vietnam Service Medal
* Army Service Ribbon
* Republic of Vietnam Campaign Medal with Device 1960
* Two overseas service bars

7.  He provided a Certificate for Award of the Legion of Merit, dated 30 April 1996.  The citation indicates this award was intended as a retirement award.

8.  Army Regulation 600-8-22 states:

	a.  the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic 

of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in three campaigns while serving in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 11 May 1991 should be corrected to show these bronze service stars.

2.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 for the period ending 11 May 1991 should be corrected to show this unit award.

3.  The evidence of record shows he was awarded the Army Reserve Components Achievement Medal.  Therefore, his DD Form 214 for the period ending 11 May 1991 should be corrected to show this award.

4.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 for the period ending 11 May 1991 should be corrected to show these marksmanship badges.

5.  With respect to the Legion of Merit:

	a.  There is insufficient evidence in the available record to show he was awarded the Legion of Merit.  The certificate he provided is insufficient to confirm this award.  The governing Army regulation states that for personal decorations (which include the Legion of Merit) formal recommendation, approval through the chain of command, and announcement in orders are required.

	b.  The certificate he provided shows the award was issued after his last period of active duty.  The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  His last period of active duty ended in 1991 and the certificate he provided was issued in 1996, well after his last period of active duty.  As such, even if the certificate were considered sufficient evidence to show he received the Legion of Merit, this award would not be authorized for entry on his last
DD Form 214 he was issued.

	c.  In view of the foregoing, there is an insufficient evidentiary basis for adding the Legion of Merit to his DD Form 214 for the period ending 11 May 1991.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 from his DD Form 214 for the period ending 11 May 1991, as corrected by a DD Form 215, dated 20 March 1992, the Vietnam Service Medal and

	b.  adding to his DD Form 214 for the period ending 11 May 1991 the:

* Army Reserve Components Achievement Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)

2.  The Board further determined that 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 adding the Legion of Merit to his DD Form 214 for the period ending 11 May 1991.



      _______ _   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)                                         AR20130003298



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ABCMR Record of Proceedings (cont)                                         AR20130003298



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