BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130007224 


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 2007, to show his pay entry basic date (PEBD) as 4 February 1969 and add the Legion of Merit.  

2.  The applicant states that at the time of his retirement in 2007 his initial date of entry was improperly annotated on his DD Form 214.  Therefore, he is not receiving retired pay for his full years of service.  He would like the Defense Finance and Accounting Service (DFAS) notified of the correction to his PEBD so that his retired pay account can be updated.  Additionally, the transition point failed to add his Legion of Merit to his DD Form 214.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 February 1969
* DD Form 214 for the period ending on 6 January 1972
* Army National Guard (ARNG) Retirement Points History Statement, dated 17 April 1992
* Service Computation for Retirement, dated 27 August 2007
* DA Form 638 (Recommendation for Award), dated 15 July 2007
* Certificate for award of the Legion of Merit, dated 19 September 2007
* DD Form 214 for the period ending on 31 December 2007



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 was inducted into the Army of the United States on 4 February 1969.  He was honorably discharged on 10 February 1969 for the purpose of enlisting in the Regular Army (RA).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 7 days of active service.  

3.  He enlisted in the RA on 11 February 1969.  He was honorably released from active duty on 6 January 1972 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 for this period of service shows: 

	a.  in item 22a (Statement of Service), he completed 2 years, 10 months, and 26 days of net service.  

	b.  in item 24 (Decorations, Medals, Badges, commendations, Citations and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and 2 overseas service bars

	c.  in item 30 (Remarks) that he served in Vietnam from 9 April 1970 to 8 April 1971.

4.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 9 April 1970 to 8 April 1971.  However, there is no record of his unit of assignment in Vietnam.  


5.  His records indicate that he served in the USAR from 7 January 1972 to 19 June 1973 and was honorably discharged for immediate enlistment in the ARNG.

6.  He enlisted in the Texas ARNG (TXARNG) on 20 June 1973.  His records indicate that he entered active duty in a Title 32, Active Guard Reserve (AGR) status on 21 August 1981.  He served through multiple extensions or reenlistments in the ARNG in a variety of assignments and he attained the rank/grade of sergeant major (SGM)/E-9. 

7.  Permanent Orders (PO) Number 3-1, issued by Headquarters, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 2 May 1986 awarded him the Army Commendation Medal (1st Award).

8.  PO Number 11-1, issued by Headquarters, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 18 December 1992 awarded him the Army Commendation Medal (2nd Award).

9.  PO Number 17-3, issued by Headquarters, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 3 August 1993 awarded him the Army Commendation Medal (3rd Award).

10.  PO Number 9-2, issued by Headquarters, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 28 August 1994 awarded him the Army Commendation Medal (4th Award).

11.  PO Number 167-24, issued by Headquarters, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 16 June 1997 awarded him the Army Commendation Medal (5th Award).

12.  PO Number 167-24, issued by Headquarters, Engineer Brigade, 49th Armored Division Artillery, TXARNG, San Antonio, TX on 26 June 1999 awarded him the Army Commendation Medal (6th Award).

13.  He provided a DA Form 638, dated 15 July 2007, which shows PO Number 262-5, issued by Headquarters, First U.S. Army, Fort Gillem, GA on 
19 September 2007 awarded him the Legion of Merit.

14.  He retired on 31 December 2007 and he was placed on the Retired List in his retired rank/grade of SGM/E-9 on 1 January 2008.  His DD Form 214 shows he completed 26 years, 4 months, and 10 days of net active service during the period covered by his DD Form 214.  This form also shows he had 3 years, 3 months, and 3 days of total prior active service, and 9 years, 3 months, and 7 days of prior inactive service.  Additionally, he was awarded or authorized the:

* Bronze Star Medal (2nd Award)
* Meritorious Service Medal (5th Award)
* Army Commendation Medal (5th Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (3rd Award)
* Vietnam Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (4th Award)
* Army Service Ribbon
* Armed Forces Reserve Medal (2nd Award)
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Campaign Medal with Device 1960

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be affixed to the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign credit was awarded for 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 VI (1 July 1970 - 30 June 1971)

16.  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 Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Legion of Merit; therefore he is entitled to correction of his DD Form 214 to add this award.

2.  PO awarded the applicant six awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show six awards of the Army Commendation Medal vice the five awards currently listed.
3.  The evidence of record shows he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add three bronze service stars to his previously-awarded Vietnam Service Medal.

4.  GO awarded all units in Vietnam the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

5.  The DD Form 214 does not show the PEBD; it shows the date of entry on active duty during the period covered by the DD Form 214.  The applicant entered active duty during the period covered by this DD Form 214 on 21 August 1981.  This date is correctly shown on his retirement DD Form 214.  He completed 26 years, 4 months, and 10 days of active service during the period covered by the DD Form 214.  This is also correctly shown on his retirement DD Form 214.  Therefore, with respect to his date of entry on active duty, there is no error to correct.

6.  He previously completed 7 days of active service from 4-10 February 1969 and 2 years, 10 months, and 26 days of active service from 11 February 1969 to 6 January 1969, for a total of 2 years, 11 months, and 3 days.  

	a.  It appears when his DD Form 214 was processed, officials credited him with other active duty days he completed during his service in the USAR between 1973 and 1981.  That is probably why his DD Form 214 credited him with 
3 years, 3 months, and 3 days of prior active service.  

	b.  If he believes his prior active service or total service computation is incorrect, he is advised to submit an inquiry to the U.S. Army Human Resources Command for calculation of his points.  

	c.  If the applicant believes he is receiving pay based on an incorrect retirement multiplier, he is advised to address his issue with DFAS for an audit of his retired pay account. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ___X_____  _____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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:

* deleting from his retirement DD Form 214 the Vietnam Service Medal and the Army Commendation Medal (5th Award)
* adding to his retirement DD Form 214 the:

* Legion of Merit
* Army Commendation Medal (6th Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 his PEBD.




      _______ _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)                                         AR20130007224





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ABCMR Record of Proceedings (cont)                                         AR20130007224



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