IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018972
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 December 1980 (hereafter referred to as his DD Form 214) to show the Meritorious Service Medal (MSM), "V" Device on his already-awarded Bronze Star Medal (BSM), and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states the missing MSM and "V" Device are simply oversights. He believes he is eligible for the AFEM due to his deployment in support of the Berlin and Cuban Missile Crises.
3. The applicant provides:
* U.S. Military Assistance Command, Vietnam General Orders Number 3644
* Headquarters, 2nd Armored Division, Permanent Orders 8-3
* DA Form 24 (Service Record)
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 record shows with prior enlisted service he was appointed as a Reserve commissioned officer on 29 May 1967 and entered active duty that date.
3. U.S. Military Assistance Command, Vietnam, General Orders Number 3644, dated 28 October 1968, awarded him the BSM with "V" Device for action on 9 September 1968.
4. U.S. Military Assistance Command, Vietnam, General Orders Number 1547, dated 1 April 1969, awarded him the BSM (2nd Award) for meritorious service from May 1968 to April 1969.
5. On 31 December 1980, he was voluntarily retired in the rank of major for sufficient length of service for retirement. His amended DD Form 214 shows he was awarded or authorized:
* Soldier's Medal
* BSM with one Oak Leaf Cluster (OLC)
* National Defense Service Medal
* Army Commendation Medal with "V" Device and two OLCs
* Combat Infantryman Badge
* Air Medal
* Army Good Conduct Medal (2nd Award)
* Armed Forces Reserve Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Gallantry Cross with Bronze Star
* RVN Campaign Medal with Device (1960)
* Korea Defense Service Medal
6. Headquarters, 2nd Armored Division, Permanent Orders 8-3, dated 22 January 1981, awarded him the MSM.
7. His record is void of any evidence showing he served in Berlin or Cuba.
8. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.
9. Army Regulation 600-8-22, table 2-2 lists:
* Berlin as a qualifying area for the AFEM during the period 14 August 1961 to 1 June 1963
* Cuba as a qualifying area for the AFEM during the period 24 October 1962 to 1 June 1963
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him two BSMs, one was with a "V" Device. Therefore, he is entitled to correction of his DD Form 214 to show the BSM (2nd Award) with "V" Device.
2. Permanent orders awarded him the MSM. Therefore, he is entitled to have this award added to his DD Form 214.
3. A review of his record failed to reveal evidence showing he is authorized the AFEM for service in support of the Berlin Crisis and Cuba Crisis operations. Therefore, there is an insufficient basis for adding the AFEM to his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 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 the BSM from his DD Form 214 for the period ending
31 December 1980 and
b. adding the BSM (2nd Award) with "V" Device and MSM to his DD Form 214 for the period ending 31 December 1980.
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 adding the AFEM for Berlin and Cuba to his DD Form 214 for the period ending 31 December 1980.
___________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) AR20130018972
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