IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140005578
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), dated 31 May 1982, to show he was awarded the Meritorious Service Medal (MSM).
2. The applicant states:
* He was awarded the MSM just before he retired and it is not shown on his DD Form 214
* The MSM should have been recorded on the DD Form 214 he received when he retired
* His retirement effective date was 1 June 1982
3. The applicant provides Academy of Health Sciences, United States Army, Fort Sam Houston, Texas Permanent Orders 13-1, dated 16 April 1982.
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 on 23 June 1960. He completed training as a disbursing specialist. He remained on active duty through continuous reenlistments.
3. The applicant arrived in Vietnam on 29 June 1969 and he was assigned to the Personnel Service Company. He participated in the following three campaigns:
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
4. On 17 May 1970, the applicant departed Vietnam en-route to the United States. He was assigned to Headquarters, Support Troops, 4th United States Army, Fort Sam Houston, Texas on 20 September 1970.
5. On 16 April 1982, Permanent Orders 13-1 were published awarding him the MSM for meritorious service from 1 November 1975 through 31 May 1982.
6. On 31 May 1982, the applicant retired due to obtaining sufficient service for retirement. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Purple Heart
* Bronze Star Medal
* Good Conduct Medal (6th Award)
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Records show Permanent Orders 13-1 were published on 16 April 1982 awarding him the MSM for meritorious service from 1 November 1975 through 31 May 1982. His DD Form 214 should be amended to show this award.
3. He is also authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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, dated 31 May 1982, to show he was awarded the Meritorious Service Medal and that he is authorized three bronze service stars to be affixed to his already-award Vietnam Service Medal.
____________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) AR20140005578
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ABCMR Record of Proceedings (cont) AR20140005578
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