IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100016192
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 correction of Item 12h (Effective Date of Pay Grade) and Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* The effective date of pay grade should be 10 May 1971
* The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Meritorious Unit Commendation to should be added to item 13 of his DD Form 214
3. The applicant provides:
* His DD Form 214
* Two DD Forms 215 (Correction to DD Form 214)
* Special Orders Number 156, dated 5 June 1971
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 records show he enlisted in the Regular Army on 7 November 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. Item 31 (Foreign Service) - Republic of Vietnam (RVN) from
8 December 1970 through 13 November 1971;
b. Item 38 (Record of Assignments):
(1) Headquarters and Headquarters Company, 1st Battalion, 27th
Infantry Regiment, 2nd Brigade, 25th Infantry from 17 December 1970 to 5 April 1971;
(2) Company B, 75th Support Battalion, 1st Brigade, 5th Infantry
Division from 6 April to 22 April 1971;
(3) Headquarters and Headquarters Company, 1st Battalion, 11th
Infantry Regiment, 1st Brigade, 5th Infantry Division from 23 April to 5 August 1971; and
(4) Company C, 23rd Medical Battalion from 6 August to
12 November 1971.
4. Special Orders Number 156, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 5 June 1971, show the effective date of his promotion to specialist five (SP5)/E-5 as 10 May 1971.
5. The applicant's DD Form 214 dated 24 November 1971, as reissued by the Army Discharge Review Board, shows the following information:
a. He was discharged under honorable conditions;
b. He held the rank/pay grade of SP5/E-5;
c. He completed 2 years, 11 months, and 23 days of active service;
d. Item 12h shows his effective date of pay grade as 10 July 1971; and
e. He was awarded the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Combat Medical Badge.
6. His record contains two DD Forms 215 issued on the dates shown which correct his original DD Form 214:
a. 16 January 2004 Item 13, add: Meritorious Unit "Citation"; and
b. 21 July 2004 Item 13, add: "RVN Civil Unit Citation."
DISCUSSION AND CONCLUSIONS:
1. Special orders show the effective date of his promotion to SP5/E-5 was 10 May 1971. Therefore, he is entitled to correction of item 12h of his DD Form 214 to show this date.
2. Evidence of record shows the Meritorious Unit Commendation and the RVN Civil Actions Honor Medal First Class Unit Citation were already added to his DD Form 214. Therefore, he should be issued a DD Form 214 incorporating all the corrections of the previously issued DD Forms 215 (and adding these two awards with their correct names).
BOARD VOTE:
____X____ ___X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented is 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:
a. deleting the current entry in item 12h of his DD Form 214 and replacing it with the entry "71 05 10;" and;
b. issuing him a DD Form 214 that incorporates this correction and all the corrections of the previously-issued DD Forms 215 by including the Meritorious Unit Commendation and the RVN Civil Actions Honor Medal First Class Unit Citation in item 13.
_______ _ _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) AR20100016192
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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