ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20180007168 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 August 1985 to show the Bronze Star Medal (1st Oak Leaf Cluster (OLC)). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 ending on 31 August 1985 * Letter, National Personnel Records Center, dated 1 June 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the Bronze Star Medal with one OLC was lost in transition through the years. He provides a letter, dated 1 June 2016, from the National Personnel Records Center authorizing him shipment of several awards based on official documents, including the Bronze Star Medal with 1 bronze oak leaf cluster. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 17 December 1963. He served through multiple extensions or reenlistments, in a variety of assignments, and he was issued a separate DD Form 214 for each period of service. b. His foreign service includes, multiple tours in Vietnam, Korea, and Germany, with normal tour completion (NTC) or credit for an overseas service tour. * Germany, May 1964 to November 1965, 18 months * Vietnam, January 1966 to January 1967, 12 months, NTC * Vietnam, August 1967 to February 1969, 18 months, NTC * Germany, February 1967 to July 1967, 5 months * Vietnam, October 1969 to June 1971, 20 months, NTC * Korea, July 1971 to July 1973, 24 months, NTC * Korea, March 1975 to March 1977, 25 months, NTC * Germany, March 1980 to March 1983, 35 months, NTC c. General Orders Number issued by Headquarters, 101st Airborne Division, Vietnam, on 1 September 1970, awarded him the Bronze Star Medal for meritorious service from 1 November 1969 to 31 August 1970. d. His DD Form 214 (Report of Separation from Active Duty) for the period 3 March 1971 to 2 January 1977, shows among other awards, the entry “BSM (1 OLC)). e. There are no orders in his service record and he provides none to show a second award of the Bronze Star Medal. Section 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show any awards of the Bronze Star Medal. f. He retired on 31 August 1985. His retirement DD Form 214, covering the period 3  January 1977 to 31 August 1985, shows he was awarded or authorized: * Army Commendation Medal (4th OLC) * Army Good Conduct Medal (with silver 2 loops) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon (Numeral 1) * Armed Forces Expeditionary Medal (Korea) * Vietnam Service Medal with 2 silver service stars * Republic of Vietnam Campaign Medal * Vietnam Cross of Gallantry Unit Citation * NCO Professional Development Ribbon (Numeral 3) * Sharpshooter Marksmanship Qualification Badge (Rifle) 4. By regulation (AR 600-8-22 – Military Awards): a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. c. The Overseas Service Ribbon was created in 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the requested awards being reflected on previous DD Form 214s and not on the applicant’s final retirement DD Form 214, the Board concluded there was an error which warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 with an ending date of 31 August 1985, by adding the Bronze Star Medal (1st Oak Leaf Cluster (OLC). 2. Prior to closing the case, the Board noted the administrative notes below from the analyst of record which reflect additional changes which are warranted and recommended they be completed to more accurately reflect the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214, ending on 31 August 1985, as follows: * Add Korea Defense Service Medal * Delete Overseas Service Ribbon (Numeral 1) * Add Overseas Service Ribbon (Numeral 6) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards): a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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.) c. 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. ABCMR Record of Proceedings (cont) AR20180007168 0 3 1