BOARD DATE:	  25 September 2009

		DOCKET NUMBER:  AR20090006762 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 March 1971 to add the Army Commendation Medal (ARCOM) and the Air Medal (AM) with 12th Oak Leaf Cluster.

2.  The applicant states that he believes the awards simply did not catch up with his military records.  The applicant adds that it is possible no one prepared a new DD Form 214 for him when he was actually discharged in 1972.

3.  The applicant provides, in support of his application, a DD Form 214 for the period ending 15 March 1991 when he was released from active duty and placed on the Temporary Disability Retirement List (TDRL); a copy of his TDRL orders, dated 9 March 1971; a copy of his Honorable Discharge Certificate, dated
22 September 1972; a copy of his AM Certificate, dated 9 January 1971 with    citation; a copy of his ARCOM certificate, dated 30 December 1970; and a memorandum from the National Personnel Records Center (NPRC), dated 14 January 2008.

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's military records show that he enlisted in the Regular Army (RA) on 27 June 1961, he was awarded military occupational specialty (MOS) 82C (artillery surveyor), he served through a reenlistment, and he was promoted to the rank/grade staff sergeant (SSG)/E-6.  He was honorably discharged on 
10 April 1967 to accept an appointment as a warrant officer in the U.S. Army Reserve (USAR).  The DD Form 214 for the period ending 10 April 1967 shows that he was awarded the Army Good Conduct Medal (AGCM) (1st award).

3.  He served as an Army aviator, he was promoted to chief warrant officer two (CW2), and he was assigned to Vietnam from 8 June 1967 to 31 May 1968 and again from 26 June to 10 December 1970.  While in Vietnam he was assigned to the 254th Medical Detachment from 11 June 1967 to 29 May 1968 and he was assigned to Company C, 159th Aviation Battalion, 101st Airborne Division from
2 July to 6 December 1970.  The applicant was awarded the ARCOM by Headquarters, 101st Airborne Division (Airmobile), General Orders Number 15306, dated 30 December 1970, for meritorious achievement during the period 1 July 1970 to 30 November 1970.  The applicant was also awarded the AM with 12th OLC by Headquarters, 44th Medical Brigade, General Orders Number 560, dated 15 June 1968, for meritorious achievement while participating in aerial flight during the period 10 April 1968 to 30 April 1968.

4.  The applicant was retired on 15 March 1971 by reason of physical unfitness.  He was transferred to the USAR Control Group (Retired Reserve) and placed on the TDRL the following day.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 March 1971 shows that he was awarded the Bronze Star Medal, Air Medal with 11th OLC, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and National Defense Service Medal.

5.  On 22 September 1971, the applicant was discharged from the TDRL with severance pay due to physical unfitness.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned during his second tour of duty in Vietnam was awarded the Valorous Unit Award (VUA) for the period 22–23 July 1970 by Department of the Army General Order (DAGO) 50, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 October to 7 December 1970 by DAGO 11, dated 1973.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  During the applicant's tours of duty in Vietnam he was credited with participating in the following five campaigns:  Vietnam Counteroffensive Phase III (1 July 1966 - 29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive IV (2 April 1968 - 30 June 1968); Sanctuary Counteroffensive (1 May - 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).  A silver service star worn in lieu of 5 bronze service stars.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 635-5 (Personnel Separations – 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Paragraph 2-1b(3) states, in pertinent part, that a DD Form 214 will not prepared for Soldiers removed from the TDRL.

9.  Army Regulation 635-5 also states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM by general orders.  As such, he is entitled to have his last DD Form 214 corrected to add this award.

2.  The applicant was awarded the AM with 12th OLC by general orders.  As such, he is entitled to have his last DD Form 214 corrected to add this award.

3.  The applicant is also entitled to have his last DD Form 214 corrected to show the AGCM he was awarded while he served in an enlisted status.

4.  Based on his service in Vietnam, the applicant is entitled to wear the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 silver service star on his already-awarded Vietnam Service Medal.

5.  It would appear that the applicant believes that he should have received another DD Form 214 when he was removed from the TDRL; however, this is not so.  A DD Form 214 is issued upon a Soldier's retirement, discharge, or release from active military service or control of the Army.  As such, the applicant was properly issued a DD Form 214 when he was retired and placed on the TDRL.  He would not have been issued a DD Form 214 when he was discharged from the TDRL since the TDRL is not an active duty status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 by corrected by:

	a.  deleting from item 24 of his DD Form 214 for the period ending 15 March 1971 the Vietnam Service Medal and the Air Medal with 11th Oak Leaf Cluster; and

	b.  adding to item 24 of his DD Form 214 for the period ending 15 March 1971 the Air Medal with 12th Oak Leaf Cluster, Army Commendation Medal, Army Good Conduct Medal (1st award), Vietnam Service Medal with 1 silver service star, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that 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 the issuance of a DD Form 214 upon discharge from the TDRL.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090006762



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ABCMR Record of Proceedings (cont)                                         AR20090006762



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