IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110004555
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, in effect, that the Army Achievement Medal (AAM) and all awards he is entitled to receive be added to his 26 March 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the above award was accidentally omitted from his DD Form 214.
3. He provides the following:
* Permanent Orders 199-5 and the AAM certificate for the period August through October 1984
* DD Forms 214
* Armed Forces of the United States Identification Card
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 military records show he enlisted in the Regular Army on
1 March 1966 and he completed 1 year, 1 month, and 10 days of active military service. On 10 April 1967, he was discharged to accept an appointment as a commissioned officer. On 11 April 1967, he was appointed as a Reserve Commissioned Officer in the rank of second lieutenant. He was honorably released from active duty on 26 March 1970.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
4. Item 30 (Remarks) of his 26 March 1970 DD Form 214 shows he served in Vietnam from 16 April 1969 to 23 March 1970.
5. A copy of his DA Form 20 (Enlisted Qualification Record) or DA Form 66 (Officer Qualification Record) is not contained in his available records.
6. He provided Permanent Orders 199-5, dated 24 October 1984, and an AAM certificate that show he was awarded the AAM for the period 27 August to
26 October 1984.
7. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns:
*
Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
9. Army Regulation 635-5 (Separation Documents) states that 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was not awarded the AAM until October 1984, 14 years after the issuance of his 26 March 1970 DD Form 214. Therefore, there is no basis for granting this portion of his request.
2. The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this award.
3. The available evidence also shows he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn on his already-awarded VSM.
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:
a. deleting from item 24 of his 26 March 1970 DD Form 214 the VSM; and
b. adding to item 24 of his 26 March 1970 DD Form 214 the VSM with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 the AAM.
_______ _ 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) AR20110004555
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