Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090014348
Original file (20090014348.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090014348 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 October 1988 be corrected to reflect his service in Vietnam from 31 August 1969 to 30 August 1970 and his awards of the National Defense Service Medal (NDSM), the Army Good Conduct Medal (AGCM) (2d Award), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal (ARCOM) with one oak leaf cluster (OLC), the Bronze Star Medal (BSM), and the Vietnamese Signal Corps Badge.

2.  The applicant states that for some unknown reason, the clerk who processed his retirement paperwork and DD Form 214 did not include his Vietnam service or several of his decorations and he needs proof of his Vietnam service for a possible "Agent Orange" claim.

3.  The applicant provides a copy of his DA Form 66 (Officer Qualification Record) and his DA Form 4037 (Officer Record Brief).

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 enlisted in the Regular Army on 5 September 1961 and served until he was honorably discharged in pay grade E-6 on 23 August 1967 to accept a commission in the Army.

3.  He was commissioned as a Signal Corps second lieutenant on 24 August 1967.  He served in Vietnam from 31 August 1969 to 30 August 1970 and participated in four campaigns.

4.  He continued to serve on active duty and was promoted to the rank of lieutenant colonel on 1 April 1982.

5.  On 31 October 1988, he was honorably retired.  He had served 27 years, 1 month, and 27 days of total active service.  His DD Form 214 issued at the time of his retirement reflects that he was awarded the Army Service Ribbon, the BSM (1OLC), the Meritorious Service Medal (2OLC), the ARCOM (2OLC), the AGCM (2d Award), the Army Achievement Medal, and the Master Parachutist Badge.  The applicant's period of service in Vietnam is not noted on his DD Form 214.

6.  A review of the applicant's records show that in addition to the awards currently indicated on his DD Form 214, he was awarded the NDSM, the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, the Vietnamese Signal Corps Badge (Honorary), the Honduran Parachutist Badge, and four bronze service stars for wear on his VSM to denote campaign participation.

7.  The applicant's DD Form 214 already contains the awards of the BSM, the ARCOM, and the AGCM; accordingly, there appears to be no basis to correct those entries or discuss them further.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214 and provides, in pertinent part, that all decorations and awards for all periods of service will be entered on the DD Form 214 at the time of separation.  Additionally, all periods of service performed in a hostile fire zone will be annotated in the remarks section of the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 31 August 1969 to 30 August 1970.  Accordingly, that information should be reflected in item 18 (Remarks) of his DD Form 214 dated 31 October 1988.

2.  The applicant was also awarded the NDSM, the RVNGC with Palm Unit Citation, the Vietnamese Signal Corps Badge (Honorary), the Honduran Parachutist Badge, and four bronze service stars for wear on his VSM to denote campaign participation.

3.  Accordingly, those awards should also be added to his DD Form 214 at this time.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 October 1988 to show that he served in Vietnam from 31 August 1969 to 30 August 1970 and to add the NDSM, the RVNGC with Palm Unit Citation, the Vietnamese Signal Corps Badge (Honorary), the Honduran Parachutist Badge, and four bronze service stars for wear on his VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply 






appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090014348



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014348



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2003 | 2003090343C070212

    Original file (2003090343C070212.rtf) Auto-classification: Approved

    On 6 November 1963, he transferred to Vietnam with his unit. While in Vietnam, his commander submitted a recommendation to award the applicant the award of the Silver Star for gallantry in action in Vietnam on 2 and 3 March 1964. The evidence of record clearly shows that the applicant was awarded the BSM with "V" Device that was not included on his DD Form 214 at the time of separation.

  • ARMY | BCMR | CY2003 | 2003091247C070212

    Original file (2003091247C070212.rtf) Auto-classification: Approved

    Although the evidence does not clearly establish the date the applicant was promoted to the pay grade of E-5, documents contained in his records that are dated as early as 16 August 1969 and all the way through the date of his REFRAD, indicate his rank as that of a sergeant. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 28 November 1967 through 13 August 1970. As a result, the...

  • ARMY | BCMR | CY2009 | 20090015172

    Original file (20090015172.txt) Auto-classification: Approved

    His records also show that he participated in a combat parachute jump against an armed hostile force on 22 February 1967 and that his unit was awarded assault landing credit. Additionally, he participated in a parachute assault landing and five campaigns while in Vietnam and is entitled to wear one silver service star on his already awarded VSM to denote his campaign participation and an arrowhead device to denote assault landing credit as well as a bronze service star for wear on his...

  • ARMY | BCMR | CY2013 | 20130010457

    Original file (20130010457.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and all military records to include his medical record to show his award of the Silver Star (SS); and any compensation due as a result of this award, if any. The applicant states the SS is not listed in his military record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the...

  • ARMY | BCMR | CY2008 | 20080016019

    Original file (20080016019.txt) Auto-classification: Approved

    The applicant requests that his records be corrected to show his awards of the Combat Infantryman Badge (CIB), the Bronze Star Medal with two oak leaf clusters (BSM 2OLC), the Air Medal and the Presidential Unit Citation (PUC). This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the...

  • ARMY | BCMR | CY2009 | 20090001893

    Original file (20090001893.txt) Auto-classification: Approved

    There are no orders in his service personnel records that show he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge. Neither the applicant's DD Form 214 nor his DA Form 2-1 show the second award of the ARCOM or the AAM and the applicant's records do not contain any orders for these awards. In the absence of such evidence, there is an insufficient basis to correct his DD Form 214 to show his service in Honduras or to award him the...

  • ARMY | BCMR | CY2010 | 20100021818

    Original file (20100021818.txt) Auto-classification: Approved

    The applicant requests that his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He had served 1 year, 8 months, and 4 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2003 | 2003086676C070212

    Original file (2003086676C070212.rtf) Auto-classification: Approved

    Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) for service in Vietnam during the period the applicant was assigned. The Military Police Report contained in his records shows that the applicant and another soldier went into a bar and when told that the bar was closed, the...

  • ARMY | BCMR | CY2010 | 20100028578

    Original file (20100028578.txt) Auto-classification: Approved

    The applicant requests: * correction of the National Personnel Records Center (NPRC) letter, dated 11 November 2010, to show his correct name and award of the Legion of Merit (LOM) * correction of the NPRC letter to show three awards of the Overseas Service Medal instead of the Overseas Service Ribbon * copies of the orders and the citation for award of the Bronze Star Medal with "V" Device 2. The applicant states: * he was awarded the LOM upon retirement * he completed two tours of duty in...

  • ARMY | BCMR | CY2010 | 20100008295

    Original file (20100008295.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM). He had served 1 year and 9 months of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the Combat Medical Badge, and the Purple Heart. As a...