BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150003728 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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2005 to show the: * Ranger Tab * Bronze Star Medal (2nd Award) * Air Medal * Army Commendation Medal (2nd Award) * Meritorious Service Medal (2nd Award) * Combat Infantryman Badge (3rd Award) 2. The applicant states: a. He received a total of five DD Forms 214 but they are not complete. He was nominated for the Ranger Hall of Fame for 2015 and every medal is very important. His final DD Form 214 has medals that are missing from it. He graduated from Ranger School in February 1974 and the Ranger Tab is shown on all of his DD Forms 214 except the final one. b. On 16 September 1968, he received the Air Medal, on 22 October 1968 he received the Bronze Star Medal, and in May 1969 he received his first award of the Army Commendation Medal. They are all listed on his DD Form 214 for the period ending 20 November 1969. He received the Army Commendation Medal (2nd Award), dated 15 June 2005, and it is not listed on his final DD Form 214. c. His third Combat Infantryman Badge was from Iraq in 2005; however, the 48th Brigade did not return [from Iraq] until the following year and he received the badge through the mail after they returned in June 2006. He spent the last 3 years of his military career in the U.S. Army Reserve (USAR) so he did not receive another DD Form 214 when he actually retired. 3. The applicant provides: * two DD Forms 214 * DD Form 214 (Report of Separation from Active Duty) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 2-1 (Personnel Qualification Record), undated * five award certificates * two diplomas * a letter to himself, dated 9 May 2014, 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. The applicant’s records show he enlisted in the Regular Army (RA) on 21 November 1966 and he held military occupational specialties (MOS) 11B (Light Weapons Infantryman) and 63H (Track Vehicle Repairer). 3. He served in Vietnam from 2 December 1967 to 10 December 1968 and 1 February to 20 November 1969. He participated in 8 campaigns during his service in Vietnam. He was honorably released from active duty on 20 November 1969 and he was transferred to the USAR Control Group (Reinforcement). 4. The DD Form 214 he was issued for this period of service shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Parachutist Badge * Bronze Star Medal * Air Medal * Purple Heart * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Soldier's Medal 5. On 28 October 1972, he enlisted in the Tennessee Army National Guard (TNARNG). On 30 January 1975, he entered active duty as a member of the ARNG. He was honorably released from active duty on 30 January 1977 to the control of the ARNG. 6. The DD Form 214 he was issued for this period of service shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with 1 Silver Service Star and 1 Bronze Service Star * Bronze Star Medal * Air Medal * Purple Heart * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Soldier's Medal * Parachutist Badge * Ranger Tab * 2 overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 7. On 3 November 1977, he was honorably discharged from the TNARNG. 8. He served in the U.S. Marine Corps Reserve from 17 September 1984 to 16 September 1987. On 17 January 1997, he enlisted in the Georgia ARNG (GAARNG). 9. He served on active duty as a member of the ARNG from 23 April to 18 October 2004. The DD Form 214 he was issued for this period of service shows he was awarded or authorized the: * Silver Star (2nd Award) * Bronze Star Medal with “V” Device * Purple Heart * Meritorious Service Medal * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Vietnam Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon with numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Combat Infantryman Badge * Master Parachutist Badge * Parachutist Badge * Pathfinder Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Special Forces Tab * Ranger Tab * Soldier's Medal (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Lapel Button * Global War on Terrorism Service Medal * Air Medal 10. On 3 January 2005, he entered active duty as a member of the ARNG. He served in Kuwait/Iraq from 16 May to 12 August 2005. He provides a certificate, dated 1 June 2005, wherein it shows Permanent Orders (PO) 166-13, signed by Brigadier General SR, awarded him the Army Commendation Medal for service in the 1st Battalion, 121st Infantry Regiment, 48th Brigade Combat Team. 11. On 13 December 2005, he was honorably discharged from the GAARNG. On 14 December 2005, he enlisted in the USAR, 1st Battalion, 121st Infantry Regiment, Lawrenceville, GA. 12. He was honorably released from active duty on 14 December 2005 to the control of his USAR unit. The DD Form 214 he was issued for this period of service shows he was awarded or authorized the: * Silver Star (2nd Award) * Soldier's Medal (2nd Award) * Bronze Star Medal with “V” Device * Bronze Star [Medal] * Purple Heart * Meritorious Service Medal * Joint Service Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal (3rd Award) * Vietnam Service Medal * Army Lapel Button * Noncommissioned Officer (NCO) Professional Development Ribbon with numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Armed Forces Reserve Medal (3rd Award) with “M” Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Campaign Medal (4th Award) * Special Forces Tab * Combat Infantryman Badge (2nd Award) * Pathfinder Badge * Master Parachutist Badge * Parachutist Badge * Global War on Terrorism Service Medal * Iraq Campaign Medal 13. On 19 October 2008, he retired from the USAR and he was placed in the Retired Reserve. 14. He provides a certificate, dated 1 December 2009, wherein it shows Permanent Orders 341-01, issued by Headquarters (HQ), First Army Division East, awarded him the Meritorious Service Medal for the period 21 October 1998 to 20 October 2008. 15. The applicant provides and his record contains a DA Form 2-1, wherein in item 9 (Awards, Decorations and Campaigns) shows, in part: * Meritorious Service Medal-1 * Bronze Star Medal with “V” Device-1 * Combat Infantryman Badge-2 (20050625) * Bronze Star Medal with “V” Device-1 (20041018) 16. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 17. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. The specific eligibility criteria for the Combat Infantryman Badge requires that a Soldier must be an Army infantry or Special Forces (SF) enlisted Soldier with an infantry or SF MOS who has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or SF primary duty, in a unit actively engaged in ground combat with the enemy. 18. Second and third awards of the Combat Infantryman Badge are indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath. To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in the following qualifying periods: a. World War II (7 December 1941 to 3 September 1945). b. Korean War (27 June 1950 to 27 July 1953). c. Republic of Vietnam Conflict. Service in the Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos; Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; SWA Conflict; and Somalia; regardless of whether a Soldier has served one or multiple tours in any or all of these areas. The Republic of Vietnam Conflict Era officially terminated on 10 March 1995. d. Global War on Terrorism (18 September 2001 to a date to be determined) (Afghanistan, Operation Enduring Freedom, Operation Iraqi Freedom, Operation Freedom Sentinel, Operation New Dawn, and Operation Inherent Resolve). 19. Army Regulation 600-8-22 (Military Awards) states a Bronze Service Star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A Silver Service Star is authorized in lieu of five Bronze Service Stars. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was authorized the Air Medal, Ranger Tab, Army Commendation Medal (2nd Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his final DD Form 214, ending on 14 December 2005. 2. In addition, this DD Form 214 shows he was awarded the Bronze Star Medal with “V” Device and the “Bronze Star” vice the Bronze Star Medal (2nd Award) with “V” Device. It would be appropriate to amend the DD Form 214 for the period ending 14 December 2005 to clarify the number of Bronze Star medals received. 3. It is obvious errors were made in listing his awards on his DD Forms 214 as his DD Form 214 for the period ending 30 January 1977 shows he was authorized the Vietnam Service Medal with 1 Silver Service Star and 1 Bronze Service Star and his subsequent DD Forms 214 only show the Vietnam Service Medal. His record shows he participated in 8 campaigns, which should be reflected on his DD Form 214 for the period ending 14 December 2005. 4. With respect to the Combat Infantryman Badge (3rd Award): a. Two of his DD Forms 214, for the periods ending 30 January 1977 and 18 October 2004, only show one award of the Combat Infantryman Badge and his DA Form 2-1 appears to show he was awarded a second award of the Combat Infantryman Badge on 25 June 2005. b. The Combat Infantryman is authorized for World War II, Korean War, Republic of Vietnam Conflict, and Global War on Terrorism. The applicant did not serve during World War II or during the Korean Conflict. There is no evidence and he has not provided any evidence that shows he was awarded the Combat Infantryman Badge (3rd Award). 5. With respect to the Meritorious Service Medal (2nd Award), he was awarded this award on 1 December 2009. The DD Form 214 is a record of active Army service at the time of release from active duty; there are no provisions to add awards to the DD Form 214 that were awarded after release from active duty. 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 DD Form 214 for the period ending 14 December 2005 by: * deleting the Bronze Star Medal with “V” Device, Bronze Star, and Vietnam Service Medal * adding the: * Bronze Star Medal (2nd Award) with “V” Device * Air Medal * Army Commendation Medal (2nd Award) * Ranger Tab * Vietnam Service Medal with 1 Silver Service Star and 3 Bronze Service Stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 Combat Infantryman Badge (3rd Award) and the Meritorious Service Medal (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) AR20150003728 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003728 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1