BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017149 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017149 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 31 January 1989 to show he was awarded or authorized the Meritorious Service Medal (2nd Award) and the Overseas Service Ribbon (Numeral 4). 2. The Board further determined 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 correcting his DD Form 214 for the period ending 31 January 1989 to show he was awarded the Army Commendation Medal (4th 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. BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017149 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 1989 to show he was awarded or authorized the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), the Army Commendation Medal (ARCOM) (3rd Oak Leaf Cluster), and the Overseas Service Ribbon (Numeral 4). 2. The applicant states copies of orders related to the requested awards are not in his official military personnel file (OMPF). Additionally, he served four overseas tours: in the Republic of Vietnam from 1970-1971, in the Republic of Korea from 1973-1974, in the Federal Republic of Germany from 1978-1981, and in the Republic of Korea from 1985-1986. 3. The applicant provides: * DD Form 214 for the period ending 31 January 1989 * DD Form 215 (Correction to DD Form 214), dated 14 July 2009 * Permanent Orders Number 2-19, issued by Headquarters, 2nd Infantry Division, Republic of Korea, on 5 January 1987 * Permanent Orders Number 236-500, issued by the 9th Personnel Services Company, Fort Lewis, WA, on 9 December 1988 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 was initially appointed as a Reserve warrant officer of the Army on 26 January 1970. His extended period of active duty included service in both the Army of the United States and the Regular Army. He served as an aviator and was promoted to the rank of chief warrant officer four (CW4) on 1 April 1984. 3. The applicant's OMPF contains the following orders related to the ARCOM: a. Permanent Orders Number 102-20, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 25 May 1984, awarded him the ARCOM for meritorious achievement during the period 17 January 1984 to 27 January 1984. b. Permanent Orders Number 43-6, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 5 March 1985, awarded him the ARCOM for meritorious achievement during the period 17 January 1984 to 27 January 1984. c. Permanent Orders Number 195-45, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, on 8 October 1985, awarded him the ARCOM (1st Oak Leaf Cluster) [2nd Award] for meritorious service during the period 9 July 1982 to 20 October 1985. d. Permanent Orders Number 2-19, issued by Headquarters, 2nd Infantry Division, Republic of Korea on 5 January 1987, awarded him the ARCOM (3rd Oak Leaf Cluster) [4th Award] for meritorious service during the period 2 January 1986 to 19 December 1986. 4. The applicant's OMPF does not contain orders or other evidence that confirms he was awarded another ARCOM between 8 October 1985 and 5 January 1987, the dates orders were published that awarded him the ARCOM (1st Oak Leaf Cluster) [2nd Award] and the ARCOM (3rd Oak Leaf Cluster) [4th Award], respectively. 5. The applicant's OMPF contains the following orders related to the MSM: a. Permanent Orders Number 36-66, issued by Headquarters, V Corps, Federal Republic of Germany, on 26 June 1981, awarded the applicant the MSM for meritorious service during the period 8 May 1978 to 10 July 1981. b. Permanent Orders 236-500, issued by the 9th Personnel Services Company, Fort Lewis, WA, on 9 December 1988, awarded the applicant the MSM (1st Oak Leaf Cluster) [2nd Award] for outstanding meritorious service during the period 22 January 1969 to 31 January 1989. 6. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed periods of overseas service in the following locations, during the stated periods: a. Republic of Vietnam, from on or about 24 April 1970 through on or about 20 April 1971 (12 months, for which he was credited with normal tour completion); b. Republic of Korea, from on or about 16 November 1973 through on or about 29 October 1974 (12 months, for which he was credited with normal tour completion); and c. Federal Republic of Germany, from on or about 7 May 1978 through on or about 7 July 1981 (36 months, for which he was credited with normal tour completion). 7. The applicant's Officer Record Brief (ORB) shows he completed periods of overseas service in the following locations, with tours ending on the indicated through dates: a. Republic of Vietnam, tour ending in April 1971 (12 months); b. Republic of Korea, tour ending in October 1974 (12 months); c. Federal Republic of Germany, tour ending in July 1981 (36 months); and d. Republic of Korea, tour ending in December 1986 (12 months). 8. The applicant's ORB shows he was awarded, among other awards, the MSM, the ARCOM (3rd Award), and the Overseas Service Ribbon (2nd Award). 9. The applicant was honorably retired from the Army on 31 January 1989 and placed on the Retired List the following day. His DD Form 214 shows he was awarded, among other awards, the MSM, the ARCOM (2nd Oak Leaf Cluster) [3rd Award], and the Overseas Service Ribbon. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 1-19 provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981, provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was awarded or authorized the MSM (1st Oak Leaf Cluster), the ARCOM (3rd Oak Leaf Cluster), and the Overseas Service Ribbon (Numeral 4). 2. Permanent orders awarded the applicant the MSM on two separate occasions; however, only a single MSM is shown on his DD Form 214 for the period ending 31 January 1989. 3. The applicant received overseas tour credit for one tour in the Vietnam, two tours in Korea, and one tour in Germany. He also had an active status after April 1981. Therefore, he completed four overseas tours and is authorized four awards of the Overseas Service Ribbon. However, only a single Overseas Service Ribbon is shown on his DD Form 214 for the period ending 31 January 1989. 4. The applicant was awarded the ARCOM on four separate occasions; however, his first and second ARCOM were awarded for the same period of service by the same command authority in separate permanent orders. Since only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service, these duplicate awards can be credited only once. His DD Form 214 correctly shows he was awarded the ARCOM (2nd Oak Leaf Cluster), which equates to the 3rd award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017149 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2