BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090021496 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of the awards reflected on the DA Form 1577 (Authorization for Issuance of Awards) issued by the U.S. Army Reserve Personnel Center (ARPERCEN).

2.  The applicant states that all of the awards listed on the DA Form 1577 issued by ARPERCEN are not contained on his DD Form 214.

3.  The applicant provides no additional documents with 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 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 28 August 1967 for a period of 3 years under the airborne enlistment option.  He completed his basic and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, and his airborne training at Fort Benning, Georgia, before being transferred to Vietnam on 9 June 1968 for duty as a rifleman.

3.  He was promoted to the rank of sergeant on 13 March 1969 and departed Vietnam on 14 January 1970 for assignment to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 27 August 1970 due to the expiration of term of service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) with five bronze service stars, the Army Commendation Medal (ARCOM) with oak leaf cluster, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal (BSM) with two "V" devices and two oak leaf clusters, the Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Purple Heart, and the Air Medal with six oak leaf clusters.  The applicant participated in six campaigns while in Vietnam.

4.  On 9 September 1993, ARPERCEN issued a DA Form 1577 authorizing the issuance of awards to the applicant.  ARPERCEN authorized the issuance of awards of the BSM with "V" Device and two oak leaf clusters, the Purple Heart, the Air Medal with Numeral 7, the ARCOM with one oak leaf cluster, the Army Good Conduct Medal (AGCM), the NDSM, the VSM with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  A review of the applicant's records shows he received "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would preclude him from award of the AGCM.  His records do not contain orders for award of the AGCM.

6.  His records also show he received eight awards of the Air Medal and three awards of the ARCOM.

7.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  Army Regulation 600-8-22 provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's DD Form 214 in comparison with his records shows he was awarded the VSM with five bronze service stars.  However, the applicant served in six campaigns while in Vietnam and should have been awarded the VSM with one silver and one bronze service star in lieu of the five bronze service stars indicated on his DD Form 214.

2.  The applicant was awarded three awards of the ARCOM; however, his DD Form 214 incorrectly reflects the ARCOM with oak leaf cluster.

3.  The applicant was awarded eight awards of the Air Medal; however, his DD Form 214 incorrectly reflects the Air Medal with six oak leaf clusters.

4.  The applicant's unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation that is not reflected on his DD Form 214.

5.  The applicant's records do not contain orders awarding him the AGCM.  However, ARPERCEN authorized him to be issued an AGCM.  Inasmuch as his records indicate that he should have been awarded the AGCM at the time of his REFRAD, it would be in the interest of equity to add the AGCM to his records 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:

* deleting the entry on his DD Form 214 reflecting award of the VSM with five bronze service stars
* deleting the entry on his DD Form 214 reflecting the award of the ARCOM with oak leaf cluster
* deleting the entry on his DD Form 214 reflecting the award of the Air Medal with six oak leaf clusters
* adding to his DD Form 214 awards of the ARCOM with two oak leaf clusters, the Air Medal with Numeral 8, the AGCM, the VSM with one silver and one bronze service star, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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)                                         AR20090021496



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021496



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1