IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140012146 


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) to show the Defense Meritorious Service Medal and a second award of the (Army) Meritorious Service Medal. 

2.  The applicant states he was awarded the Meritorious Service Medal (1st Oak Leaf Cluster (OLC)) on 6 January “1881” (i.e., 1981) and the Defense Meritorious Service Medal on 15 October 1982.  He retired on 30 November 1982. 

3.  The applicant provides:

* DD Form 214
* Permanent Orders (PO) 35-1
* Joint Chiefs of Staff (JCS) Orders J-1PM-0030-82

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.  After having had prior enlisted service, the applicant's records show he entered active duty as a commissioned officer on 6 November 1963 and he held a communications specialty.  He served in a variety of stateside or overseas assignments and he attained the rank of lieutenant colonel (LTC). 

3.  He completed the following periods of overseas service and received overseas tour credit, as indicated: 

* Hawaii, 24 January 1966 to 11 April 1966, 3 months 
* Vietnam, 12 April 1966 to 12 March 1967, 11 months
* Vietnam, 10 September 1970 to 16 August 1971, 12 months
* Taiwan, 21 August 1972 to 17 June 1974, 22 months

4.  During his service in Vietnam from 12 April 1966 to 12 March 1967, he was assigned to:  

* Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry Regiment, from 12 April to 1 June 1966
* Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from 1 June 1966 to 12 March 1967 

5.  During his service in Vietnam from 10 September 1970 to 16 August 1971, he was assigned to Headquarters, U.S. Army Vietnam. 

6.  PO 35-1, issued by Office of the Assistant Chief of Staff for Automation and Communications on 6 January 1981, awarded him the Meritorious Service Medal (1st OLC) for meritorious service from July 1977 to November 1980.

7.  JCS Orders J-1PL-0030-82, issued by the Joint Chiefs of Staff on 15 October 1982, awarded him the Defense Meritorious Service Medal for service from November 1980 to November 1982. 

8.  He retired on 30 November 1982 and he was placed on the Retired List in his retired grade of LTC on 1 December 1982.  His DD Form 214 shows he was awarded or authorized the:

* Parachutist Badge
* Army Commendation Medal (2nd OLC)
* National Defense Service Medal

* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal (1st OLC)
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation 
* Joint Service Commendation Medal
* Meritorious Service Medal
* Good Conduct Medal
* Republic of Vietnam Campaign Medal
* General Staff Identification Badge 
* Joint Chief of Staff Identification Badge
* three overseas service bars 

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his 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.  He participated in four campaigns: 

* Vietnamese Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnamese Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with his units in Vietnam, those units were cited for various awards, authorized by Department of the Army General Orders (DAGO).  During his service with the 2nd Battalion, 14th Infantry, from 12 April 1966 to 1 June 1966 and with Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from 1 June 1966 to 12 March 1967, the units were cited for awards of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966 to 21 January 1970 by DAO Number 51, dated 1971

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all Soldiers are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those Soldiers 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.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Meritorious Service Medal (1st OLC).  His DD Form 214 listed only one award.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Meritorious Service Medal. 

2.  JCS orders awarded him the Defense Meritorious Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  While the former award is listed, the later is not.   Therefore, his DD Form 214 should be corrected to show this foreign unit award. 

5.  He was awarded overseas tour credit for three tours and he had an active status after 1 August 1981.  Therefore, he is entitled to award of the Overseas Service Ribbon (3rd Award) and correction of his DD Form 214 as such. 

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 for the period ending 30 November 1982 the Vietnam Service Medal and Meritorious Service Medal
* adding to his DD Form 214 for the period ending 30 November 1982 the:

* Defense Meritorious Service Medal
* Meritorious Service Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Overseas Service Ribbon (3rd 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)                                         AR20140012146



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ABCMR Record of Proceedings (cont)                                         AR20140012146



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