IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090004683
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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show a Certificate of Combat.
2. The applicant states that the certificate was presented to him while he was in the hospital after being wounded but it was never made part of his DD Form 214. He contends the Department of Veterans Affairs told him his DD Form 214 should be corrected to show this certificate.
3. The applicant provides a copy of his DD Form 214, a Certificate of Combat, and an undated letter from the Commanding General of the 1st Infantry Division at the time in question 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 enlisted in the Regular Army on 31 May 1968 for a period of 2 years. He served as a light weapons infantryman in Vietnam from 23 January 1969 to 22 January 1970. On 22 January 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 24 of the applicant's DD Form 214 shows he was awarded the Purple Heart, Air Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960). Item 24 does not show the Certificate of Combat.
4. In support of his claim, the applicant provides a 1st Infantry Division Certificate of Combat he was presented in appreciation for his sacrifice in Vietnam.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that Certificates of Achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The governing regulation states that Certificates of Achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ _____X___ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________________________
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) AR20090004683
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ABCMR Record of Proceedings (cont) AR20090004683
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