IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009058 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) to show the Meritorious Service Medal. 2. The applicant states he received the award but it is not listed on his DD Form 214. 3. The applicant provides his DD Form 214 and Meritorious Service Medal Certificate . 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. Having had prior service, the applicant reenlisted in the Regular Army on 27 June 1973. He served in a variety of assignments and he attained the rank/grade of master sergeant (MSG)/E-8. 3. He served in Vietnam from 3 October 1964 to 24 August 1965. He was assigned to Headquarters Company, 3rd Radio Research Unit. 4. He retired on 31 March 1979 and he was placed on the retired list in his retired rank/grade of MSG/E-8 on 1 April 1979. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * Good Conduct Medal (1st to 6th Award) * Meritorious Unit Commendation * Air Force Outstanding Unit Award * Army of Occupation Medal (Japan) * National Defense Service Medal (2nd award) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. Permanent Orders (PO) Number 19-2, issued by Headquarters, U.S. Army Intelligence and Security Command on 2 April 1979, awarded him the Meritorious Service Medal for meritorious service from March 1969 to March 1979. 6. Army Regulation 600-8-22 (Military Awards) governs the Vietnam Service Medal. It states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam from 3 October 1964 to 24 August 1965, campaign participation credit was awarded for: * Vietnam Advisory Campaign, 15 March 1962 - 7 March 1965 * Vietnam Defense Campaign, 8 March - 24 December 1965 7. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he qualified expert with the M-16 rifle in March 1974 and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. DISCUSSION AND CONCLUSIONS: 1. PO awarded the applicant the Meritorious Service Medal. This award is not listed on his DD Form 214. 2. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal. He also participated in two campaigns during his service in Vietnam. He qualifies for two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. BOARD VOTE: ____x___ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 adding to his DD Form 214, dated 31 March 1979, the Meritorious Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. ___________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) AR20150009058 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009058 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1