IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016583
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 1988, to show his second award of the Meritorious Service Medal (MSM).
2. The applicant states his 1988 DD Form 214 lists his first award of the MSM; however, he received orders after his retirement date awarding him a second award of the MSM, but he was never issued a DD Form 215 (Correction to DD Form 214).
3. The applicant provides copies of Permanent Orders (PO) Number 4-9 and a MSM certificate.
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 enlisted in the Regular Army, in pay grade E-2, on 9 July 1969, with prior Army National Guard enlisted service. He served as a wheel vehicle mechanic. He served in Vietnam from 9 May 1970 through 12 April 1971, during two campaigns, with Company A, 26nd Engineer Battalion.
3. He served continuously on active duty through several reenlistments in various assignments until he was honorably retired in pay grade E-8 on 31 December 1988. His DD Form 214 lists the:
* Expert Marksmanship Qualification Badge with Rifle Component Bar
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Bronze Star Medal
* Army Service Medal [sic (Ribbon]
* Overseas Service Ribbon
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Noncommissioned Officer Professional Development Ribbon
* MSM
* Army Commendation Medal
* Recruiter Badge
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (6th Award)
* Driver and Mechanic Badge
4. He provided a copy of PO Number 4-9, issued by Headquarters, U.S. Army Recruiting Command, dated 23 January 1989, awarding him the MSM (2nd Award) for the period of service from 5 March 1979 through 20 December 1988. He also provided a copy of the resulting certificate.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant a second award of the MSM for the period 5 March 1979 through 20 December 1988. Therefore, his DD Form 214 ending on 31 December 1988 should be corrected to show this award.
2. He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his 1988 DD Form 214 to show these service stars.
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 the applicant's 1988 DD Form 214 the MSM and Vietnam Service Medal
* Adding to this DD Form 214 the MSM (2nd Award) and the Vietnam Service Medal with two bronze service stars
____________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) AR20130016583
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