IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090003272
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 items 5a (Grade, Rate or Rank) and
5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) to show sergeant (SGT)/pay grade E-5. He also requests that his DD Form 214 be corrected to show award of the Air Medal.
2. The applicant states that his rank was SGT/E-5 at the time of his discharge and that he was awarded the Air Medal.
3. The applicant provides orders for the Air Medal, promotion orders, an Honorable Discharge Certificate, and a copy of his DD Form 214 in support of his application.
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 applicants 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 applicants 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 inducted into the Army of the United States on 3 April 1968. He served as an indirect fire crewman in Vietnam from 1 September 1968 through 30 May 1969. On 2 April 1970, he was released from active duty.
3. Item 5a on the applicant's DD Form 214 shows the entry "SP4" [specialist four]. Item 5b on his DD Form 124 shows the entry "E4." His DD Form 214 shows the Bronze Star Medal with "V" Device with First Oak Leaf Cluster, the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. Headquarters, 9th Infantry Division General Orders Number 5800, dated
21 May 1969, show the applicant received the Air Medal.
5. A DD Form 215 (Correction to DD Form 214), dated 13 March 1992, amended items 5a and 5b on the applicant's DD Form 214 to show the rank of SGT/E-5. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. A copy of the DD Form 215 will be sent to the applicant.
6. The DD Form 215 also amended the applicant's DD Form 214 to show the Bronze Star Medal with "V" Device and one Silver Oak Leaf Cluster, the Army Commendation Medal with "V" Device and three Bronze Oak Leaf Clusters, the Purple Heart, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, the Expert Marksmanship Qualification Badge with Mortar and Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Air Medal. Therefore, his DD Form 214 should be corrected to show this 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 the Air Medal to his DD Form 214.
_______ _ XXX_______ ___
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) AR20090003272
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ABCMR Record of Proceedings (cont) AR20090003272
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