IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029984
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 (Armed Forces of the United States Report of Transfer or Discharge) to add the following awards:
* Bronze Star Medal (BSM)
* Air Medal (AM) (2nd Award)
2. The applicant states he received his DD Form 214 before he received his medals.
3. The applicant provides the following documents in support of his application:
* DD Form 214
* BSM Certificate, dated 28 September 1969
* AM Certificate, dated 7 September 1969
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 was inducted into the Army of the United States on 7 May 1968. He was honorably released from active duty on 7 February 1970 in the grade/rank of sergeant/E-5 after completing 1 year, 9 months, and 1 day of active military service. His records further show he served in the Republic of Vietnam from 9 October 1968 through 8 October 1969.
3. The applicant's official military personnel file (OMPF) contains the following award orders:
* BSM orders, dated 23 September 1969
* AM orders, dated 4 September 1969
4. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding a second Air Medal.
5. His DD Form 214 shows he was awarded or authorized the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his entire period of service. A commander's disqualification for award of the Army Good Conduct Medal (AGCM) is not present in the applicant's record.
7. Army Regulation 635-5 (Separation Documents) prescribes the documents prepared for Soldiers upon their release from active duty, discharge, or retirement. It also establishes the policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparation of the DD Form 214. The instructions for item 24 state to enter all awards earned during military service.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his BSM and AM (2nd Award) should be added to his DD Form 214 has been carefully considered and is found to have partial merit. By regulation, all earned medals will be included in item 24 of the DD Form 214.
2. The applicant's OMPF contains orders authorizing the BSM and one AM. Therefore, these medals should be added to item 24 of his DD Form 214.
3. The applicant received "excellent" conduct and efficiency ratings through his service. There is no evidence of a commander's disqualification for award of the AGCM. Therefore, he is eligible for the first award of the AGCM for the period 7 May 1968 through 7 February 1970 and correction of his DD Form 214 to show this award.
4. The applicant's OMPF is void of any evidence of orders or certificate awarding him a second AM. Therefore, there is insufficient evidence to add a second AM to item 24 of his 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 the evidence presented is 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:
a. awarding him the AGCM for the period 7 May 1968 through 7 February 1970 and
b. amending item 24 of his DD Form 214 by adding the following medals:
* BSM
* AM
* AGCM
2. The Board further determined 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 awarding a second AM.
_____________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) AR20100029984
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