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
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ABCMR Record of Proceedings (cont) AR20090014348
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