IN THE CASE OF:	   

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019083 


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 March 1971 to show award of the Meritorious Service Medal.  In addition, he requests correction of a letter from the National Personnel Records Center (NPRC) to reflect he was awarded the Army of Occupation Medal with Germany Clasp for World War (WW) II instead of the Army of Occupation of Germany Medal WWI.

2.  The applicant states he was awarded the Meritorious Service Medal during his active duty service.

3.  The applicant provides:

* Standard Form 180 (Request Pertaining to Military Records)
* letter from NPRC, dated 20 February 2012
* letter to NPRC, dated 21 March 2012
* DD Form 214
* Headquarters, U.S. Army Materiel Command, General Orders Number 66, dated 2 April 1971
* Meritorious Service Medal Certificate and Citation
* Certificate of Appreciation

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.  Although a typographical error exists in the applicant's letter from NPRC, dated 20 February 2012, which states he was authorized shipment of the Army of Occupation of Germany Medal for WWI vice WWII, this letter is not an Army record and not within the purview of this Board.  Therefore, it will not be addressed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 17 March 1951.  On 14 August 1952, he was honorably discharged to accept appointment as a commissioned officer.  His DD Form 214 for this period shows no awards or decorations.

4.  Section 18 (Report of Separation) of his DD Form 230 (Service Record) shows he received "excellent" character and "superior" efficiency ratings, and that he was favorably considered for award of the Army Good Conduct Medal.

5.  The applicant entered active duty as a commissioned officer on 15 August 1952.  He was stationed in the Republic of Vietnam from 28 August 1965 through 16 August 1966, serving with the 590th Quartermaster Detachment.  He was again stationed in the Republic of Vietnam from 20 October 1969 through 4 September 1970, serving with Headquarters and Headquarters Company, 509th Radio Research Group.

6.  On 31 March 1971, he retired honorably.

7.  The applicant provided a copy of his Meritorious Service Medal Certificate, dated 11 March 1971, which shows he was awarded the Meritorious Service Medal for meritorious service during the period September 1970 to March 1971.

8.  The applicant provided and his records contain Headquarters, U.S. Army Materiel Command, General Orders Number 66, dated 2 April 1971, which show he was awarded the Meritorious Service Medal for meritorious service during the period September 1970 to March 1971 (the same period cited in the previous paragraph).

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows:

* Army of Occupation Medal with Germany Clasp
* National Defense Service Medal (1st Oak Leaf Cluster)
* Armed Forces Reserve Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal (1st Oak Leaf Cluster)
* Army Commendation Medal
* "(cont) [continued]"

10.  The reverse side of his DD Form 214 shows item 24 was continued to show award of the Meritorious Service Medal.

11.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, for 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records during the required period of service disclosed a conviction by any court-martial or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under the "remarks" of the discharge certificate.

12.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following seven campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

13.  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 Headquarters and Headquarters Company, 509th Radio Research Group, a unit to which the applicant was assigned, was awarded the:

	a.  Meritorious Unit Commendation for the period 1 January 1969 through 31 December 1970 by Department of the Army General Orders Number 43, dated 1972; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 through 3 March 1971 by Department of the Army General Orders Number 6, dated 1974.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

	b.  The instructions further stated the remarks block would be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.  If item 30 (Remarks) was filled and still more space was required, the last line would read "continued on reverse" and the remarks would be completed on the reverse of the form.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant received "excellent" character and "superior" efficiency ratings, and that he was favorably considered for award of the Army Good Conduct Medal.  His records are void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 17 March 1951 through 14 August 1952 and to correct his DD Form 214 for the periods ending 14 August 1952 and 31 March 1971 to show this award.

2.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is authorized one silver service star and two bronze service stars with his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver and two bronze service stars.

4.  General Orders Number 66 awarded the applicant the Meritorious Service Medal which is shown on the reverse of his DD Form 214 for the period ending 31 March 1971.  However, for clarity it would now be appropriate to delete this entry and issue him a corrected DD Form 214 for the period ending 31 March 1971 to show this award in addition to the awards cited above.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 March 1951 through 14 August 1952;

	b.  adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 14 August 1952;

	c.  deleting award of the Meritorious Service Medal and Vietnam Service Medal from his DD Form 214 for the period ending 31 March 1971;

	d.  adding the following awards to his DD Form 214 for the period ending 31 March 1971:

* Meritorious Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and two bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20130019083



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ABCMR Record of Proceedings (cont)                                         AR20130019083



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