IN THE CASE OF:
BOARD DATE: : 15 January 2015
DOCKET NUMBER: AR20140008023
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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards, including the Bronze Star Medal with "V" Device and three oak leaf clusters, the Silver Star, the Army Commendation Medal, and the Meritorious Service Medal.
2. He states he requested verification of his service awards through the National Personnel Records Center (NPRC) and discovered these awards are not listed on his retirement DD Form 214. He has provided the DD Forms 214 on which they are listed.
3. He provides four DD Forms 214, dated 30 September 1985, 6 August 1978, 10 May 1974, and 30 April 1964; Permanent Orders 199-2, dated 25 October 1985 awarding the Meritorious Service Medal; Permanent Orders 189-23, dated 1984 awarding the Army Commendation Medal; and a letter from the NPRC, dated 30 March 2009.
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 (RA) on 12 March 1962 and he was honorably discharged on 30 April 1964 for immediate reenlistment. The DD Form 214 issued for this period shows two awards of the Marksman Marksmanship Qualification Badge with Rifle Bars (M-1) and (M-14).
3. He reenlisted on 1 May 1964 and he continued to serve on active duty through a series of reenlistments.
4. He was honorably discharged on 10 May 1974. His DD Form 214 for the period ending 10 May 1974 shows, in part, award of the Bronze Star Medal with two oak leaf clusters and the Silver Star.
5. On 14 May 1976, he enlisted in the Army National Guard and was discharged on 28 April 1977. His NGB Form 22 (Report of Separation and Record of Service) shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. On 29 April 1977, he enlisted in the U.S. Army Reserve under the delayed entry program and he enlisted in the RA again on 12 May 1977. He was discharged on 6 August 1978 for immediate reenlistment. The DD Form 214 issued for this period shows, in part, award of the Bronze Star Medal with three oak leaf clusters.
7. He reenlisted on 7 August 1978 and he continued to serve on active duty through a series of reenlistments.
8. His DA Form 2-1 (Personnel Qualification Record - Part II) lists award of the Bronze Star Medal with "V" Device and three oak leaf clusters, Silver Star, and Army Commendation Medal in block 9 (Awards, Decorations, and Campaigns).
9. He provided the following orders published by Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, LA which show:
a. Permanent Orders 189-23, dated 8 November 1984, he was awarded the Army Commendation Medal for meritorious achievement for the period 9 September to 19 October 1984.
b. Permanent Orders 199-2, dated 25 October 1985, he was awarded the Meritorious Service Medal for meritorious service for the period 6 December 1982 to 30 September 1985.
10. The applicant retired from active duty on 30 September 1985. His retirement DD Form 214 shows in part, award of the Bronze Star Medal with "V" Device,
DISCUSSION AND CONCLUSIONS:
1. The applicant's retirement DD Form 214 currently reflects award of the Bronze Star Medal with "V" Device. However, his DA Form 2-1 shows award of the Bronze Star Medal with "V" Device and three oak leaf clusters. Therefore, his retirement DD Form 214 should be amended to reflect the Bronze Star Medal with "V" Device and three oak leaf clusters.
2. The applicant's DD Form 214 for the period ending 10 May 1974 and his DA Form 2-1 both reflect award of the Silver Star. Therefore, the Silver Star should be added to his retirement DD Form 214.
3. Permanent orders show the applicant was awarded the Army Commendation Medal and the Meritorious Service Medal. Therefore, his retirement DD Form 214 should be amended to reflect these 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:
a. deleting the entry "BRONZE STAR MEDAL WITH V DEVICE" from item 13 of his DD Form 214; and
b. amending his DD Form 214 to add award of the Bronze Star Medal with "V" Device and with three oak leaf clusters, Silver Star, Army Commendation Medal, and Meritorious 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) AR20140008023
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ABCMR Record of Proceedings (cont) AR20140008023
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