IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026678
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 his DD Form 214 (Report of Separation from Active Duty), for the period ending on 28 February 1978 to show the:
* Army Commendation Medal (1st Oak Leaf Cluster)
* Meritorious Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Reserve Components Achievement Medal
2. The applicant states his DD Form 214 does not reflect the requested awards.
3. The applicant provides:
* DD Form 214
* Letter from the National Personnel Records Center
* Memorandum of eligibility for award of the Army Reserve Components Achievement Medal
* Orders for award of the Army Commendation Medal
* Orders for award of the Army Commendation Medal (1st Oak Leaf Cluster)
* Orders for award of the Meritorious Service Medal
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 applicant's records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 14 August 1965. He entered active duty on 9 September 1965 and completed the following periods of foreign service:
* Germany, from 11 February 1966 to 22 January 1968
* Vietnam, from 10 June 1968 to 9 June 1969
* Germany, from 4 April 1973 to 18 June 1976
3. He was honorably discharged in the rank of captain on 28 February 1978. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Bronze Star Medal
* Army Commendation Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Vietnam Service Medal with one silver and one bronze service stars
* Republic of Vietnam Campaign Medal
* Vietnamese (Republic of Vietnam) Cross of Gallantry with Palm Unit Citation
4. He was appointed in the U.S. Army Reserve (USAR) on 5 September 1978. He served in various staff or leadership position and he was ultimately transferred to the Retired Reserve on 22 February 1994.
5. While in the USAR, he received multiple awards as follows:
a. Memorandum, issued by the USAR School, St. Paul, MN, approved and authorized him award of the Army Reserve Components Achievement Medal for service from 12 October 1978 to 11 October 1982.
b. Permanent Orders 4-51, issued by Headquarters, 205th Infantry Brigade, Fort Snelling, MN, on 9 March 1983, awarded him the Army Commendation Medal (1st Oak Leaf Cluster), for service from 1 December 1979 to 13 March 1983 and Permanent Orders 4-51, issued by the same headquarters on 9 March 1983, awarded him the Army Commendation Medal for service from 1 December 1979 to 13 March 1983.
c. Permanent Orders Number 224-53, issued by Office of the Chief, Army Reserve, on 22 July 1984, awarded him the Meritorious Service Medal for service from 23 February 984 to 22 February 1994.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The purpose of this form is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. With respect to the Republic of Vietnam gallantry Cross with Palm Unit Citation, the applicant's DD Form 214 shows this award is already listed on this form. No further action is required.
2. With respect to the additional awards, these awards were earned and awarded after his discharge from active duty in recognition of his service/achievement while in the USAR after his discharge from active duty. They are already filed in his official records. There is no provision in the regulation to add awards earned after discharge from active duty on a previously-issued DD Form 214 (except when the period of achievement or service occurred during the period covered by the DD Form 214).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100026678
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ABCMR Record of Proceedings (cont) AR20100026678
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