BOARD DATE:	2 June 2015  

		DOCKET NUMBER:  AR20140017571


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 (Report of Separation from Active Duty), for the period ending 13 November 1978, to show he was awarded the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster) and to show he is authorized 4 bronze service stars on his previously-authorized Vietnam Service Medal and the Korea Defense Service Medal (KDSM).

2.  The applicant states his records were incorrectly noted.

3.  The applicant provides his DA Form 2 (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II); and three DA Forms 4980-12 (MSM Certificate), dated 31 August 1976, 5 November 1978, and 24 August 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.  After previous enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer of the Army and entered active duty on 6 March 1964, as a second lieutenant in the Artillery branch.  

3.  He was honorably discharged on 13 June 1966 for the purpose of accepting an appointment in the Regular Army.  He was appointed as a Regular Army officer on or about 14 June 1966.  

4.  He served throughout his career as an Air Defense Artillery officer in stateside, overseas, and combat assignments in positions of increased responsibility, and on 8 August 1973, he was promoted to the rank of major.  

5.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in:

* the Republic of Vietnam, from on or about 8 May 1967 through on or about 5 May 1968
* the Republic of Korea, from on or about 30 March 1971 through on or about 6 April 1972
* the Federal Republic of Germany, from on or about 9 December 1976 through on or about 10 November 1978

6.  Permanent Orders 19-1, issued by Headquarters, 6th United States Army, Presidio of San Francisco, CA on 31 August 1976, awarded him the MSM for meritorious service during the period 19 September 1973 through 30 September 1976.

7.  Permanent Orders 101-1, issued by Headquarters, 1st Armored Division on 7 November 1978, awarded him the MSM with 1st Oak Leaf Cluster for exceptionally meritorious service during the period 10 December 1976 through 5 November 1978.  

8.  He was honorably discharged from the Army on 13 November 1978, following the completion of 16 years, 3 months, and 4 days of total active service.  Item   26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the following awards and decorations:

* Bronze Star Medal
* Meritorious Service Medal 
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Basic Missileman Badge
* 2 overseas service bars 

9.  Following his service in the Regular Army, he was appointed and continued to serve in the U.S. Army Reserve.  Later, he was promoted to the rank of lieutenant colonel (LTC).

10.  Permanent Orders 229-01, issued by the Office of the Chief, Army Reserve on 24 August 1992 (during his period of USAR service), awarded him the MSM with 2nd Oak Leaf Cluster for meritorious service during the period 28 April 1982 through 27 April 1992.

11.  Orders C-04-215919, issued by the USAR Personnel Center, St. Louis, Missouri on 27 April 1992, released him from assignment to the Individual Ready Reserve and assigned him to the USAR Control Group (Retired Reserve), effective 27 April 1992.

12.  Orders P-04-302912, issued by the USAR Personnel Command, St. Louis, Missouri on 30 April 1999, placed him on the Army of the United States Retired List, in the rank/grade of LTC/O-5, effective 1 July 1999.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: 

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) 
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)

	b.  The KDSM was authorized by section 543 of the National Defense Authorization Act (NDAA) of 2003.  It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

14.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added), providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214, for the period ending 13 November 1978, to show he was awarded the MSM (2nd Oak Leaf Cluster) and to show he is authorized 4 bronze service stars on his previously-authorized Vietnam Service Medal and the KDSM was carefully considered.

2.  Permanent orders awarded him the MSM on three separate occasions; however, only the first two occasions occurred while he was serving on active duty.  He was awarded the MSM with 2nd Oak Leaf Cluster during his period of USAR service following his release from active duty.  

3.  By regulation, the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and does not document awards earned following a Soldier's release from active duty or discharge.  His DD Form 214 only reflects a single award of the MSM; therefore, there is no basis to correct his DD Form 214 to show the MSM (3rd Award).  However, it would be appropriate to correct his DD Form 214 to show the MSM with 1st Oak Leaf Cluster, which is now annotated as the MSM (2nd Award).

4.  Records show he participated in four campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his previously-authorized Vietnam Service Medal.

5.  He served in the Republic of Korea during a qualifying period of service for entitlement to the KDSM.  This award is not reflected on his DD Form 214; therefore, his DD Form 214 should be corrected.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his last DD Form 214 to delete the Vietnam Service Medal and add the:

* Meritorious Service Medal (2nd Award)
* Vietnam Service Medal with 4 bronze service stars
* Korea Defense Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his last DD Form 214 to show he was awarded the Meritorious Service Medal (3rd Award).




      ________________________
                 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140017571



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