IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002205
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 award of the Combat Medical Badge (CMB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that two periods of lost time be removed from his DD Form 214.
2. The applicant states his award of the CMB was omitted from his DD Form 214 and he was wrongfully charged with lost time from 1 July to 30 August 1971 and from 1 to 30 September 1971. He goes on to state he was wrongfully accused of an offense he did not commit and was never confronted with, and decisions were made behind his back without being able to respond to the allegations.
3. The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the CMB.
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 military records are not available for review. However, the documents provided by the applicant were sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Newark, New Jersey, on 20 September 1968 for a period of 3 years. He completed training as a medical specialist and was subsequently transferred to Vietnam on 17 January 1970. On 2 June 1970, he was awarded the CMB. On 7 December 1970, he departed Vietnam after participating in two campaigns.
4. On 23 November 1971, he was honorably released from active duty (REFRAD) at Fort Dix, New Jersey, as an enlisted person on a compassionate assignment. He completed 2 years and 10 months of active service and he had 125 days of lost time.
5. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), and Parachutist Badge.
6. Army Regulation 600-8-22 (Military Records) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the CMB should be added to his DD Form 214 has been noted and found to have merit. He was awarded the CMB on 2 June 1970 and it appears that through an administrative oversight it was omitted from his DD Form 214 at the time of his REFRAD. Accordingly, it should be added at this time.
2. Additionally, the applicant is also entitled to have the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars for wear on his already-awarded VSM added to his DD Form 214.
3. The applicant's contention that two periods of lost time should be removed from his records appears to lack merit. The applicant provided no evidence to show the two periods of lost time were not valid . In the absence of such evidence, it is presumed he was properly charged with lost time during those two periods. Accordingly, there is no basis to remove those periods from 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:
* deleting his award of the VSM from his DD Form 214
* adding the VSM with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Combat Medical Badge to his DD Form 214
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 deleting two periods of lost time from his 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) AR20110002205
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110002205
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