RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070010755 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Curtis L. Greenway Chairperson Mr. Joe R. Schroeder Member Mr. Qawiy Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Meritorious Service Medal. 2. The applicant states that he received the Meritorious Service Medal 3 months after his retirement and it was never entered on his DD Form 214. 3. The applicant provides copies of his DD Form 214, a newspaper article, photograph, and letter from the National Personnel Records Center. 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. On 28 July 1959, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 05C1O (Radio Teletype Operator). He was released from active duty on 13 July 1962. 3. On 24 May 1963, the applicant reenlisted in the Regular Army and served through a series of reenlistments and attained the rank of sergeant first class, pay grade E7. 4. On 28 January 1971, the applicant’s primary MOS was changed to 00E4O (Recruiter). He performed recruiting duties until his retirement for length of service. 5. On 30 June 1980, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired). He had completed 20 years and 23 days of creditable active duty. 6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Army Commendation Medal with Oak Leaf Cluster, Good Conduct Medal (five awards), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960-" Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It does not show award of the Meritorious Service Medal. 7. The National Personnel Records Center Letter, dated 20 September 2006, provided by the applicant, does not include the Meritorious Service Medal as one of his authorized medals. 8. The newspaper article provided by the applicant states that the applicant was awarded the Meritorious Service Medal after serving for 20 years in the United State Army as an Army recruiter. It does not show a clear image of the award. 9. The photograph provided by the applicant appears to be the original used in the newspaper article. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the award of the Meritorious Service Medal to any member of the Armed Forces of the United States or to any member of the Armed Forces of a friendly foreign nation who, while serving in a noncombat area after 16 January 1969, has distinguished himself or herself by outstanding meritorious achievement or service. 11. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 12. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 13. Item 41, Awards and Decorations, of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. DISCUSSION AND CONCLUSIONS: 1. There is no evidence of record substantiating that the applicant was awarded the Meritorious Service Medal. The evidence provided by the applicant is insufficient in that it does not include a copy of the orders awarding his medal. Therefore, his records should not be corrected to show this award. 2. However, should the applicant have, or be able to obtain, a copy of the orders awarding him the Meritorious Service Medal, he may submit another application for consideration. 3. Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal. 4. Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore his records should be corrected to show this award. 5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _ QS_ ___ __CLG __ __JRS __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board determined that administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. __ Curtis L. Greenway___ CHAIRPERSON INDEX CASE ID AR20070010755 SUFFIX RECON DATE BOARDED 20080115 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.