IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110016994
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 to be paid a reenlistment bonus and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Medal of Honor.
2. The applicant states he was going over his record and noticed he did not receive his reenlistment bonus.
3. The applicant provides:
* Two DD Forms 214 issued on 2 July 1969 and on 24 November 1970
* General Orders Number 11381
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. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 29 September 1967, which shows he enlisted in the Regular Army on 29 September 1967. The contract is void of any evidence the applicant enlisted for a monetary bonus. He completed training and was awarded military occupational specialty 11H (Infantryman Direct Fire Crewman). On 2 July 1969, he was discharged for immediate reenlistment. The highest rank/grade he attained during this period of service was specialist four/E-4.
3. Item 30 (Remarks) of his DD Form 214 for the period ending 2 July 1969 contains the statements Last paid reenlistment bonuses: None and Total amount of bonus received on or subsequent to 1 October 1949: None.
4. The applicants record contains a DD Form 4, dated 3 July 1969, which shows he reenlisted for an assignment in the Republic of Vietnam. The contract is void of any evidence the applicant reenlisted for a monetary bonus.
5. He was stationed in the Republic of Vietnam from 18 September 1969 through 22 May 1970, where he was further assigned to Company A, 4th Battalion, 31st Infantry Regiment. The highest rank/grade he attained during this period of service was sergeant/E-5.
6. On 24 November 1970, he was honorably retired and transferred to the temporary physical disability retired list. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows:
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Army Good Conduct Medal
* Silver Star
7. The applicant provides a copy of General Orders Number 11381, Headquarters, Americal Division, dated 27 August 1970, which awarded him the Silver Star for gallantry in action against an armed hostile force in the Republic of Vietnam. There is no evidence in the applicants record nor did the applicant provide evidence he was ever recommended for award of the Medal of Honor.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Medal of Honor.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the last paid reenlistment bonus will be entered on the DD Form 214 when available from the financial records data folder of the separating service member.
10. Army Regulation 600-8-22 (Military Awards), states the Medal of Honor is awarded, in the name of Congress, to each person who, while an officer or enlisted person of the Army, shall have distinguished himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty in action involving actual conflict with an enemy. The deed performed must have been one of personal bravery or self-sacrifice above and beyond the call of duty, so conspicuous as to clearly distinguish the individual for gallantry and intrepidity above his or her comrades and must have involved risk of life or performance of more-than-ordinarily hazardous service, the omission of which would not justly subject the person to censure for shortcoming or failure in the performance of duty. Incontestable proof of the performance of the service would be extracted and each recommendation for the award of this decoration would be considered on the standard of extraordinary merit.
11. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be paid a reenlistment bonus and to correct his DD Form 214 to show award of the Medal of Honor has been carefully examined.
2. The evidence of record shows the applicant did not enlist or reenlist in the U.S. Army with an enlistment or reenlistment contract which entitled him to a monetary bonus. Therefore, he is not entitled to the requested relief.
3. While the available evidence is insufficient for awarding the applicant the Medal of Honor, this in no way affects his right to pursue his claim for the Medal of Honor by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110016994
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ABCMR Record of Proceedings (cont) AR20110016994
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