BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021144 


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, in effect, correction of his records to show the National Defense Service Medal (2nd Award) and the Army of Occupation Medal with Berlin Clasp.  

2.  The applicant states the Army of Occupation Medal is listed on his 1980 separation document.  He qualified for the second award of the National Defense Service Medal based on his duty for Desert Shield/Desert Storm. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 July 1980
* DD Form 215 (Correction to DD Form 214), dated 17 April 1992

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 initially enlisted in the Regular Army on 15 January 1960.  He served through multiple reenlistments in a variety of stateside or overseas assignments, and he attained the rank/grade of sergeant first class (SFC)/E-7. 

3.  His records show he served overseas in: 

* Germany, 21 June 1960 to 18 May 1963
* Germany, 16 January 1965 to 20 June 1966 (he was not credited with an overseas tour)
* Vietnam, 24 July 1966 to 14 July 1967; he was assigned to 1st Battalion, 35th Infantry Regiment
* Vietnam, 14 May 1970 to 4 April 1971; he was assigned to the School and Training Advisory Detachment, Military Assistance Command Vietnam (MACV) 
* Germany, 17 January 1978 to 16 June 1980 (he was not credited with an overseas tour)

4.  He retired on 31 July 1980 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 August 1980.  His DD Form 214 shows he was awarded or authorized the: 

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Good Conduct Medal (6th award)
* Army Commendation Medal
* National Defense Service Medal
* Bronze Star Medal
* Purple Heart (2nd Award)
* Combat Infantryman Badge
* Army of Occupation Medal (Berlin)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Three overseas service bars
* Drill Sergeant Identification Badge
* Driver Badge with Tab



5.  He was recalled to active duty on 11 February 1991 in support of Operation Desert Storm.  He was returned to the Retired List on 5 April 1991.  He was issued a DD Form 214 that captured his 1 month and 25 days of active duty and listed awards of the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award) 

6.  On 17 April 1992, he was issued a DD Form 215 that made several corrections to his DD Form 214, dated 5 April 1991.  Among the corrections is the addition of all the awards listed on his 1980 DD Form 214, less the Army of Occupation Medal. 

7.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 
1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  Appendix B shows that during his two periods of service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive Phase; 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968
* Sanctuary Counteroffensive; 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII; 1 July 1970 - 30 June 1971

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the 1st Battalion, 35th Infantry (24 July 1966 to 14 July 1967), his unit in Vietnam was cited for:

* Valorous Unit Award, for service from 22 April to 20 August 1967, based Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1966 to 1 August 1967, based on DAGO Number 48, dated 1971
10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from January 1960 to July 1980.  During this period of service, only one award of the National Defense Service Medal was authorized.  However, a second award was authorized during Operation Desert Shield/Storm.  Since he served during a qualifying period for a second award, his DD Form 214 that captured his 1991 service correctly listed the National Defense Service Medal (2nd Award).  No further correction is needed. 

2.  The applicant was previously awarded the Army of Occupation Medal (Berlin). This award was listed on his 1980 (retirement) DD Form 214.  However, when his 1991 (return to the Retired List) DD Form 214 was amended via DD Form 215 in 1992, it inadvertently omitted the Army of Occupation Medal (Berlin).  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He was awarded overseas tour completion credit for three tours (two in Vietnam and one in Germany), all prior to 1981.  He also had an active status after 1981 (during Operation Desert Shield/Storm).  The Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Therefore, he is entitled to three awards of the Overseas Service Ribbon and correction of his DD Form 214 as such. 

5.  GO awarded his units in Vietnam the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 his DD Form 214, ending on 5 April 1991, the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation
* adding to his DD Form 214, ending on 5 April 1991, the:

* Army of Occupation Medal (Berlin)
* Vietnam Service Medal with four bronze service stars
* Overseas Service Ribbon (3rd Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      _______ _   _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)                                         AR20130021144





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ABCMR Record of Proceedings (cont)                                         AR20130021144



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