IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005027 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) for the period ending 31 January 1985 to show award of the Army Commendation Medal (3rd Award). 2. The applicant states, in effect: * his DD Form 214 in question does not show the correct number of Army Commendation Medals awarded * U.S. Army Regional Personnel Center Nurnberg Permanent Orders 206-2, dated 15 January 1985, incorrectly show award of the Army Commendation Medal with 3rd Oak Leaf Cluster (indicating the fourth award) 3. The applicant provides: * National Personnel Records Center letter, dated 14 March 2015 * U.S. Army Regional Personnel Center Nurnberg Permanent Orders 206-2, dated 15 January 1985 * Headquarters, VII Corps, Permanent Orders 77-4, dated 8 May 1980 * three Army Commendation Medal Certificates * DD Form 214 for the period ending 31 January 1985 * two DD Forms 215 (Correction to DD Form 214) 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 10 July 1964. 3. He executed multiple reenlistments and he was issued applicable DD Forms 214. a.  His DD Form 214 for the period ending 16 December 1965 shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). b.  His DD Form 214 for the period ending 6 May 1968 shows he was awarded or authorized the: * Vietnam Service Medal * National Defense Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 1-year Safe Driver Badge c.  His DD Form 214 for the period ending 13 June 1972 shows he was awarded or authorized the: * four overseas service bars * Bronze Star Medal * U.S. Army Recruiter Badge * Army Good Conduct Medal (2nd Award) d.  His DD Form 214 for the period ending 24 April 1979 shows he participated in five campaigns and he was awarded or authorized the: * Vietnam Service Medal * National Defense Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * U.S. Army Recruiter Badge * Armed Forces Expeditionary Medal * four overseas service bars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal (4th Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 4. Headquarters, VII Corps, Permanent Orders 169-1, dated 20 November 1979, awarded him the Army Commendation Medal for meritorious achievement during the period 16 July 1979 to 9 November 1979. 5. Headquarters, VII Corps, Permanent Orders 77-4, dated 8 May 1980, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service during the period 11 June 1976 to 10 June 1980. 6. On 10 February 1984, he submitted a request for retirement. 7. On 27 February 1984, his request for retirement was approved with an effective date of 31 January 1985. 8. He provided a copy of U.S. Army Regional Personnel Center Nurnberg, Permanent Orders 206-2, dated 15 January 1985, awarding him the Army Commendation Medal with 3rd Oak Leaf Cluster for the period 16 July 1982 to 15 November 1984. 9.  On 31 January 1985, he retired. His DD Form 214 for the period ending 31 January 1985 shows award of the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * National Defense Service Medal * Army Commendation Medal with 1st Oak Leaf Cluster * Army Good Conduct Medal (6th Award) * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with five bronze service stars * Bronze Star Medal * Meritorious Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Armed Forces Expeditionary Medal * U.S. Army Recruiter Badge * Driver and Mechanic Badge * four overseas service bars * Meritorious Unit Commendation * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Overseas Service Ribbon with Numeral 3 * Army Service Ribbon * Air Assault Badge 10. On 11 April 2013, he was issued a DD Form 215 correcting his DD Form 214 for the period ending 31 January 1985 to show his effective date of pay grade as 6 October 1980. 11. On 12 March 2015, he was issued a DD Form 215 correcting his DD Form 214 for the period ending 31 January 1985 to add award of the Korea Defense Service Medal. 12. 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. A silver service star is authorized in lieu of five bronze service stars. b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations. 13. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers. It states a DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from Active Army. The instructions state: a.  to list all federally-recognized awards and decorations for all periods of service and b.  do not issue a DD Form 215 when two DD Forms 215 have already been issued for the same DD Form 214; administratively issue a new DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Although orders erroneously show the applicant was awarded the Army Commendation Medal with 3rd Oak Leaf Cluster indicating the fourth award, the evidence of record shows he was awarded a total of three Army Commendation Medals. In accordance with his request, his DD Form 214 for the period ending 31 January 1985 should be corrected to show award of the Army Commendation Medal (3rd Award). 2. The award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as shown on his DD Form 214 for the period ending 24 April 1979 was erroneously omitted from his DD Form 214 for the period ending 31 January 1985. This unit award should be added to his DD Form 214 for the period ending 31 January 1985. 3. In view of these corrections, and since he has already been issued two DD Forms 215 for his DD Form 214 for the period ending 31 January 1985, he should be issued a new DD Form 214 at this time. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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.  voiding his DD Form 214 for the period ending 31 January 1985; b.  voiding his DD Forms 215, dated 11 April 2013 and 12 March 2015; and c.  issuing him a new DD Form 214: (1) showing he was awarded the Army Commendation Medal (3rd Award) in lieu of the Army Commendation Medal with 1st Oak Leaf Cluster, (2) adding award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and (3) incorporating all previous corrections. ____________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) AR20150005027 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005027 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1