IN THE CASE OF: BOARD DATE: 29 November 2011 DOCKET NUMBER: AR20110011172 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 records to show all of his authorized awards and decorations. 2. The applicant states he served overseas in Germany, Korea, and Vietnam and honorably retired after 20 years of active duty service. He recently reviewed his military records and found several of his awards are missing. He also requests issue of new or replacement medal sets. He adds his military records should show the following awards: * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) [2nd Award] * Meritorious Service Medal (awarded upon retirement) * Army Commendation Medal (4th Award) * Army Good Conduct Medal (4th Award) * National Defense Service Medal (1st Oak Leaf Cluster) [2nd Award] * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation [2nd Award] * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation * Expert Marksmanship Qualification Badge with Carbine (.30 caliber) Bar * Explosive Ordnance Disposal Supervisor Badge * Master Explosive Ordnance Disposal Badge * U.S. Army Recruiting Badge 3. The applicant provides copies of two of his discharge documents. 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 and entered active duty in the Regular Army (RA) on 9 September 1954. 3. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably discharged on 20 May 1958 to reenlist in the RA. It also shows the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar. 4. A DD Form 214 shows the applicant entered active duty this period on 21 May 1958 and he was honorably discharged on 6 April 1961 to reenlist in the RA. It also shows the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) and Rifle (M-1) Bars. 5. Headquarters, Fort Devens, Massachusetts, General Orders Number 56, dated 9 May 1963, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 1 May 1960 to 30 April 1963. 6. A DD Form 214 shows the applicant entered active duty this period on 7 April 1961 and he was honorably discharged on 6 April 1964 to reenlist in the RA. It also shows the Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, Expert Marksmanship Qualification Badge with Carbine Bar, and a Letter of Appreciation. 7. Headquarters, U.S. Army Support Command, Da Nang, General Orders Number 566, dated 2 December 1970, awarded the applicant the Explosive Ordnance Disposal Supervisor Badge, effective 12 July 1966. 8. A DD Form 214 shows the applicant entered active duty this period on 7 April 1964 and he was honorably discharged on 6 April 1967 to reenlist in the RA. It also shows the National Defense Service Medal and Army Good Conduct Medal (2nd Award). 9. A DD Form 214 shows the applicant entered active duty this period on 7 April 1967 and he was honorably discharged on 8 April 1970 to reenlist in the RA. It also shows the Army Good Conduct Medal (3rd Award). 10. Headquarters, U.S. Army Support Command, Da Nang, General Orders Number 393, dated 30 August 1970, awarded the applicant the Army Commendation Medal for meritorious achievement from April to August 1970. 11. Headquarters, U.S. Army Support Command, Da Nang, General Orders Number 315, dated 22 May 1971, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement on 18 February 1971. 12. A DD Form 214 shows the applicant entered active duty this period on 9 April 1970 and he was honorably discharged on 8 April 1973 to reenlist in the RA. It also shows the Vietnam Service Medal, Explosive Ordnance Disposal Supervisor Badge, Republic of Vietnam Campaign Medal [with Device (1960)], Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Army Commendation Medal (1st Oak Leaf Cluster), Master Explosive Ordnance Disposal Badge, U.S. Army Recruiting Badge, and Army Good Conduct Medal (4th Award). 13. Headquarters, U.S. Army Materiel Command, Alexandria, Virginia, General Orders Number 172, undated, awarded the applicant the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious service from March to September 1974. 14. A DD Form 214 shows the applicant entered active duty this period on 9 April 1973, he was honorably retired from active duty 30 September 1974, and transferred to the U.S. Army Reserve Control Group (Retired). He completed 20 years and 22 days of total active service. It also shows the National Defense Service Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (4th Award), Vietnam Service Medal, Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Explosive Ordnance Disposal Supervisor Badge, Republic of Vietnam Campaign Medal [with Device (1960)], Army Commendation Medal (1st Oak Leaf Cluster), and Master Explosive Ordnance Disposal Badge. 15. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): * Okinawa, Japan - 19 March 1955 through 24 February 1959 * Korea - 27 March 1960 through 6 April 1961 * France - 16 October 1961 through 20 July 1962 * Vietnam - 3 April 1970 through 1 March 1971 * Germany - 8 January 1974 through 3 January 1976 b. Item 33 (Appointments and Reductions): he was promoted to sergeant first class (pay grade E-7) on 15 October 1969; c. item 38 (Record of Assignments) [in part]: * 55th Military Police Company from 13 through 26 April 1960 * Company E, 51st Signal Battalion from 27 April 1960 through 10 May 1961 * 59th Ordnance Detachment from 12 April 1970 through 27 February 1971 d. item 39 (Campaigns): * Vietnam Winter-Spring 1970 * Sanctuary Counteroffensive * Vietnam Counteroffensive Phase VII e. item 41 (Awards and Decorations): * National Defense Service Medal (1st Oak Leaf Cluster) * Army Good Conduct Medal (4th Award) * Vietnam Service Medal * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) * Explosive Ordnance Disposal Supervisor Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal (1st Oak Leaf Cluster) * two Overseas Service Bars * Master Explosive Ordnance Disposal Badge 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment to the 59th Ordnance Detachment, the detachment was awarded the Meritorious Unit Commendation for the period 1 January 1970 to 15 December 1971 by Department of the Army General Orders (DAGO) Number 5 (1973). It also shows that DAGO Number 8 (1974) awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 17. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Subsequent awards of the National Defense Service Medal (based on separate authorized periods) are denoted by a bronze service star affixed to the National Defense Service Medal. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. One bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in. c. The Korea Defense Service Medal 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 d. The Republic of Korea Presidential Unit Citation is awarded by the Korean government to certain units of the Armed Forces of the United States in recognition of participation in the Korean Conflict. Award of the Republic of Korea Presidential Unit Citation was announced in Department of the Army General Orders. e. Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service. (1) It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (2) The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. 18. Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. a. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. b. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 19. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's various separations from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. At the time of his separation: a. on 20 May 1958, 6 April 1961, 6 April 1964, 6 April 1967, and 8 April 1970, the instructions for entering awards and decorations show: enter decorations awarded or authorized during the period covered by the DD Form 214; and b. on 8 April 1973 and 30 September 1974, the instructions for entering awards and decorations show: list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. 20. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. This issue will not be further addressed in this Record of Proceedings. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show all of his awards and decorations. 2. The applicant's claim to the Meritorious Service Medal was carefully considered. a. There is no evidence the applicant was recommended for or awarded the Meritorious Service Medal. b. There are no orders that show he was awarded the Meritorious Service Medal. c. The governing regulation shows that for award of personal decorations, announcement of the award in orders is required. d. Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Meritorious Service Medal. 3. Records show the applicant qualified for award of the National Defense Service Medal during the qualifying period from 1 January 1961 to 14 August 1974. There is no evidence he served on active duty during a previous or subsequent qualifying period for a second award of the National Defense Service Medal. Despite this fact, no action is being taken to delete the National Defense Service Medal (1st Oak Leaf Cluster) from his records. 4. There is no evidence that any of the applicant's units in Korea were awarded the Republic of Korea Presidential Unit Citation. 5. The applicant was awarded the: * Army Good Conduct Medal (1st Award) for the period 1 May 1960 to 30 April 1963 * Explosive Ordnance Disposal Supervisor Badge effective 12 July 1966 * Army Commendation Medal (2nd Oak Leaf Cluster) from March to September 1974 6. Records show the applicant served a qualifying period of service in the Republic of Korea for award of the Korean Defense Service Medal. 7. Records show the applicant participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal. 8. General orders awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 9. In view of the above, the evidence of record shows that the applicant's 6 April 1961, 6 April 1964, 6 April 1967, 8 April 1973, and 30 September 1974 DD Forms 214 do not show all of his awards and decorations as of those dates. 10. Therefore, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations as recommended below. 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: a. adding to item 26 of his 6 April 1961 DD Form 214 the National Defense Service Medal and Korea Defense Service Medal; b. adding to item 26 of his 6 April 1964 DD Form 214 the Army Good Conduct Medal (1st Award); c. adding to item 24 of his 6 April 1967 DD Form 214 the Explosive Ordnance Disposal Supervisor Badge; d. correcting his 8 April 1973 DD Form 214 by: (1) deleting from item 24 the Vietnam Service Medal; and (2) adding to item 24 the: * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Carbine Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar * Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar e. correcting his 30 September 1974 DD Form 214 by: (1) deleting from item 24 the: * Vietnam Service Medal * Army Commendation Medal (w/1 OLC) (2) adding to item 24 the: * Army Commendation Medal (2nd Oak Leaf Cluster) * Vietnam Service Medal with 3 bronze service stars * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * U.S. Army Recruiter Badge * Expert Marksmanship Qualification Badge with Carbine Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar * Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar 2. The Board further determined that 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 the Meritorious Service Medal, Army Commendation Medal (4th Award), Republic of Korea Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd 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) AR20110011172 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011172 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1