| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Ms. Linda M. Barker | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his award of the Legion of Merit be added to his Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty) and that his Department of the Army Form 2-1 (Personnel Qualification Record) be corrected to show that he was medically evacuated from Vietnam, via the Philippines, to Japan.
2. The applicant states he attempted to have the Legion of Merit added to his separation document at the time of his retirement in 1989. He also states that he has not seen his medical records since he “left from the Saigon Naval Hospital on 650619.”
3. The applicant provides a copy of his Legion of Merit award orders, a request to have the separation document previously corrected, documents associated with his retirement by reason of physical disability, and a copy of one page of his Department of the Army Form 2-1.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on
1 September 1989. The application submitted in this case is dated 19 April 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant served an initial period of active duty between July 1961 and July 1963 and returned to active duty in August 1963.
4. In June 1965 the applicant was assigned to Vietnam. There is no indication in available records that the applicant was evacuated from Vietnam in a patient status, however, his record of assignments does indicate that he departed Vietnam in a “casual” status in September 1965 and that by December 1965 he was performing duties as a military policeman with a military police company in Japan. Notwithstanding the information in the assignments section of his
Department of the Army Form 2-1, item 5 (overseas service) shows service in Vietnam from June 1965 until December 1965 and then service in Japan from December 1965 until July 1966.
5. Army Regulation 640-2-1, then in effect, established the policies and provisions for the maintenance of Army military personnel files. Although there may be discrepancies in the information contained on his Personnel Qualification Record, the Department of the Army Form 2-1, used during the servicemember’s period of military service, was a management tool used by military commanders and personnel managers to effectively manage a Soldier’s career. The form was not intended to be a historical record of a Soldier’s career nor intended for use outside, or beyond, an individual’s military service.
6. In September 1989 the applicant was retired by reason of physical disability with more than 28 years of active Federal service. Prior to his retirement he was awarded the Legion of Merit for meritorious service. Orders issued by Headquarters III Corps and Fort Hood, Texas, confirmed the award. The award, however, was omitted from his separation document.
7. In November 1989 a member of the Transition Point at Fort Riley, Kansas, attempted to have the applicant’s 1989 separation document corrected to add his award of the Legion of Merit. There is no indication, however, that the correction was ever accomplished.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms that the applicant was awarded a Legion of Merit prior to his retirement. His records should be corrected accordingly.
2. Although there does appear to be a discrepancy regarding information concerning the departure of the applicant from Vietnam on his Department of the Army Form 2-1, the form was not intended to be a historical record of a Soldier’s career nor intended for use outside, or beyond, an individual’s military service. Notwithstanding the fact that there are no documents to confirm the actual sequence of events, or basis for the applicant’s departure from Vietnam, correcting unclear information or adding entries to that form years after the fact serves no useful military purpose and as such, the lack of information, or unclear information on the form does not indicate or create an error or injustice in an individual’s records necessitating Board action.
BOARD VOTE:
__JNS __ __RTD __ __LMB __ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003090824 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040210 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | 110.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100000852
Army Regulation 600-8-22 (Military Awards) states that 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 evidence of record shows he completed several periods of service in Korea any of which qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal. As a result, the...
ARMY | BCMR | CY2003 | 2003089103C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 31 January 1966 and 31 December 1968 (whichever is appropriate) be corrected to show all of the awards and decorations that he is authorized for service in the Republic of Vietnam. The applicant's WD AGO Form 24A (Service Record) and DA Forms...
ARMY | BCMR | CY2014 | 20140017319
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) 2. The applicant contends that his DD Form 214 should be corrected to show award of the NDSM and VSM. The available evidence shows that the applicant served as a member of a unit that fulfilled direct or indirect support functions related to the Vietnam conflict from 7 February to 21...
ARMY | BCMR | CY2012 | 20120011874
Department of the Army GO (DAGO) awarded the applicant's unit of assignment in Vietnam, the 2nd Squadron, 11th Armored Cavalry Regiment, the following awards: * Valorous Unit Award, for valor from 1 May to 29 June 1970, based on DAGO Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1971 and for service from 1 March to 30 October 1970, based on DAGO Number 55, dated 1971 20. He...
ARMY | BCMR | CY2008 | 20080000643
Records show that Special Orders awarded the applicant the Joint Service Commendation Medal with V Device for exceptionally valorous service in the performance of duties on 15 December 1973. Therefore, it would be appropriate to correct his records to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Legion of Merit, Air Medal with V Device (2nd Award),...
ARMY | BCMR | CY2014 | 20140012240
He was awarded the Vietnam Service Medal. He was awarded the Armed Forces Expeditionary Medal during his service from 7 February 1960 through 6 February 1964 and this award was shown on the resulting DD Form 214. 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, ending on 31 January 1975, the Legion of Merit, Armed Forces Expeditionary Medal, and four bronze service stars to be affixed to his...
ARMY | BCMR | CY2011 | 20110009505
The applicant requests award of the Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation), Air Medal (AM), and Armed Forces Reserve Medal (AFRM). He provides: * ASCV Form 131 (Awards and Decorations Qualification) * Distinguished Unit Citation for Company A, 501st Aviation Battalion, 151st Transportation Detachment, 94th Signal Detachment * 1999 retirement orders CONSIDERATION OF EVIDENCE: 1. There are no orders in the applicants military personnel records...
ARMY | BCMR | CY2013 | 20130004064
Application for correction of military records (with supporting documents provided, if any). The applicant, the grandson of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 31 October 1963, to show the: * Republic of Korea War Service Medal * Silver Star * Distinguished Flying Cross * two awards of the Purple Heart * Prisoner of War (POW) Medal * Philippine Defense...
ARMY | BCMR | CY2010 | 20100026586
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (2nd Award) and his tour of duty in Japan. The applicant requests, in effect, his DD Form 214 be corrected to show award of the Army Commendation Medal (2nd Award) and his tour of duty in Japan.
ARMY | BCMR | CY2012 | 20120010220
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Based on the correction of the above GO, the GO that awarded him the second award of the Army Good Conduct Medal which currently shows the period of service as 3 May 1963 through 2 May 1966 should also be corrected to show the period of service as 15 February 1963 through 14 February 1966. c. Based on...