IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000016
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, the son of a deceased former service member (FSM), requests correction of his late father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 August 1973 to show his father was awarded the Meritorious Unit Commendation and one service stripe.
2. The applicant states, in effect, that the FSM is eligible to wear the Meritorious Unit Commendation and authorized one service stripe for three years of service.
3. The applicant provides:
* DD Form 214
* DA Form 20 (Enlisted Qualification Record), prepared on 1 August 1972
* Headquarters, Department of the Army General Orders (DAGO) Number 5 dated 5 February 1973
* Headquarters, DAGO Number 11, dated 23 April 1973
* State of Illinois Certificate of Live Birth, dated 18 November 1983
* State of Indiana Certificate of Death, dated 11 April 2003
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 FSM enlisted in the Regular Army on 3 September 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 96D (Image Interpreter).
3. The FSM arrived in Vietnam and was assigned to Detachment A, 1st Military Intelligence (MI) Battalion on 30 December 1971. He was reassigned to the 191st MI Detachment, 3rd Brigade (Separate) on 20 March 1972. The FSM departed Vietnam on 8 August 1972 after being credited with participating in two campaigns.
4. Headquarters, DAGO Number 11, dated 23 April 1973 and Headquarters, DAGO Number 5, dated 5 February 1973 both shows that the 1st MI Battalion was awarded the Meritorious Unit Commendation for meritorious achievement for the period 1 March 1970 through 27 April 1972.
5. On 1 August 1973, the FSM was honorably released from active duty after completing 2 years, 10 months, and 24 days of active service.
6. The FSM's DD Form 214 for the period ending 1 August 1973 shows that he was awarded:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge (M-16)
7. On 12 February 2007, the FSM's DD Form 214 was amended to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the wear of service stripes. It provides, in pertinent part,
that one service stripe is authorized for wear on the right sleeve of the dress green (class A) uniform for every three years of service completed. Service stripes are not authorized for entry on the DD Form 214.
9. Army Regulation 600-8-22 provides for award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that at the time the FSM was assigned to the 1st MI Battalion it was awarded of the Meritorious Unit Commendation. His participation in two campaigns entitles him to two bronze service stars to be worn on his Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards.
2. The applicants contention that the FSM's service stripe should be entered on his DD Form 214 has been noted. Service stripes are an item of uniform wear, not an award or decoration, and thus are not authorized for entry on the DD Form 214.
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 be corrected by amending the FSM's DD Form 214 to add the Meritorious Unit Commendation and two bronze service stars to be worn on his Vietnam Service Medal.
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 adding one service stripe to the FSM's DD Form 214.
_______ _ 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) AR20100000016
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ABCMR Record of Proceedings (cont) AR20100000016
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