IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130016721
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1973 to show the European Theater of Operations (ETO) Ribbon with 2 battle stars, properly knows as the European-African Middle Eastern Campaign Medal with 2 bronze service stars.
2. The applicant states he earned this medal and it is not shown on his final DD Form 214
3. The applicant provides his DD Form 214 for the period ending 31 January 1973.
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 was inducted into the Army of the United States on 16 February 1943 and he entered active duty on 23 February 1943. He was assigned to Headquarters (HQ) Battery, 725th Field Artillery. He was honorably discharged on 9 April 1946.
3. The WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) he was issued for this period of service shows he departed the continental United States (CONUS) on 8 January 1945 and he arrived in the ETO on 18 January 1945. He departed the ETO on 24 March 1946 and he arrived back in CONUS on 4 April 1946.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:
* American Theater Service Medal, properly known as the American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 2 bronze service stars
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal
5. The applicant enlisted in the Regular Army (RA) on 7 September 1952. He was honorably discharged on 21 November 1952 for the purpose of appointment as a commissioned officer.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued for this period of service contains the entry Not Applicable (NA).
7. He was appointed as a second lieutenant Reserve officer on 22 November 1952 with concurrent entry on active duty. He attained the rank of first lieutenant (1LT) on 8 June 1954.
8. On 17 April 1958, he was discharged in the rank of 1LT for the purpose of appointment in the RA.
9. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* American Campaign Medal
* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal
10. On 18 April 1958, he was appointed as a 1LT RA officer with concurrent entry on active duty. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 18 August 1964 to 15 August 1965 while assigned to the U.S. Army Element AID (unknown acronym). He attained the rank of lieutenant colonel (LTC) on 10 August 1967.
11. He was honorably retired on 31 January 1973 in the rank of LTC and he was placed on the Retired List on 1 February 1973.
12. The final DD Form 214 he was issued covers his period of service from 22 November 1952 through 31 January 1973. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:
* National Defense Service Medal (1st Oak Leaf Cluster, or 2nd Award)
* Army Commendation Medal (3rd Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Meritorious Service Medal
13. His record contains the following General Orders (GO):
* GO Number 97, dated 23 May 1972, issued by HQ, U.S. Theater Army Support Command Europe, awarded him the Meritorious Service Medal
* GO Number 24, dated 29 January 1973, issued by HQ, U.S. Army Materiel Command, awarded him the Meritorious Service Medal (2nd Award)
14. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in two campaigns.
15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Orders (GO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
16. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service. It established standardized policy for preparation of the DD Form 214. It stated to enter all decorations, service ribbons, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the European-African Middle Eastern Campaign Medal with 2 bronze service stars as shown on his WD AGO Form 53-55. In addition to this medal, his WD AGO Form 53-55 and DD Form 214 for the period ending 17 April 1958 show the following awards that are not shown on his final DD Form 214:
* Army Campaign Medal
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
2. At the time of the applicant's active duty service, there was no regulatory requirement to list awards received during different periods of service on the DD Form 214. However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if all of his awards are listed on his final DD Form 214 for the period ending 31 January 1973.
3. GO awarded him the Meritorious Service Medal (2nd Award) while his final DD Form 214 only shows the Meritorious Service Medal. Therefore he is entitled to correction of his DD Form 214 for the period ending 31 January 1973 to show this medal.
4. His record confirms he participated in two campaigns while serving in Vietnam. This entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 January 1973 accordingly.
5. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 amending his DD Form 214 for the period ending 31 January 1973 by:
* deleting the Vietnam Service Medal and the Meritorious Service Medal
* adding the:
* Meritorious Service Medal (2nd Award)
* European-African Middle Eastern Campaign Medal with 2 bronze service stars
* Army Campaign Medal
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ _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) AR20130016721
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ABCMR Record of Proceedings (cont) AR20130016721
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