BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110018534
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 Bronze Star Medal with V Device and 2 oak leaf clusters be added to his DD Form 214 and that he be issued a new DD Form 214 that includes all of the information related to his service up to retirement.
2. The applicant states, in effect, that he just received his DD Form 214 dated 27 August 2011 from the Board and it does not reflect his award of the Bronze Star Medal (BSM) with V Device and 2 oak leaf clusters as shown on his previous DD Form 215 issued on 26 March 2001 which means that it is not reflected on his retirement DD Form 214. Accordingly, he desires to be issued a new DD Form 214 with all of his decorations and awards so as to make it easier for his dependents by having all of his DD Forms 214 and 215 consolidated to one form.
3. The applicant provides copies of his DD Form 214s, 215s, and a copy of a letter from the National Personnel Records Center listing his awards case number.
CONSIDERATION OF EVIDENCE:
1. The applicant served 3 years, 10 months and 16 days of active enlisted service and served 24 months in Vietnam before he was commissioned as a first lieutenant on 31 January 1969. He served another tour in Vietnam from August 1969 to August 1970 and continued to serve on active duty until he was honorably released from active duty (REFRAD) in the rank of captain (CPT) on 29 September 1975. He had served 10 years, 6 months and 15 days of active service and his DD Form 214 shows that he was awarded the BSM with one oak leaf cluster (1OLC). He was transferred to the United States Army Reserve Control Group (Reinforcement).
2. The applicant remained active in the USAR and served on active duty in a variety of positions until he was honorably REFRAD in the rank of lieutenant colonel on 30 November 1987 and was transferred to the Retired List effective 1 December 1987. His DD Form 214 issued at the time of his retirement shows his awards of the BSM 1OLC.
3. On 19 March 2001, the Total Army Personnel Command (TAPC) Military Awards Branch issued Permanent Orders Number 078-02 awarding the applicant the BSM with V Device for heroism on 9 June 1970. Additionally, a DD Form 215 (Correction to DD Form 214) was issued to add the award of the BSM with V Device and 2OLCs to his DD Form 214 dated 29 September 1975.
4. On 21 November 2010 the applicant applied to the Board to have his DD Form 214 dated 30 November 1987 corrected to reflect all of his awards and the Board failed to update his awards of the BSM with V Device and 2OLCs. Accordingly, that DD Form 214 still reflects the award of the BSM 1st OLC.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides that once a DD Form 214 has been issued it will not be reissued unless directed by the appropriate appellate authority, Executive Order or by the Secretary of the Army or when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his award of the BSM with V Device and 2OLCs were not reflected on his DD Form 214 dated 30 November 1987 has been noted and found to have merit.
2. The applicant was authorized the awards of the BSM with V Device and 2OLCs in 2001 and those awards should have been added to his DD Form 214 dated 30 November 1987 both in 2001 and in 2011. Accordingly, it should be done at this time.
3. However, the applicants contention that he should be issued a new DD Form 214 has been noted and found to lack merit. The applicant has only been issued one DD Form 215 for each of the DD Form 214s in question and the applicable regulations require that a DD Form 214 will not be re-issued unless it requires more than two DD Forms 215 to correct the error.
4. Accordingly, there appears to be no basis to reissue him a new 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 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:
* Deleting the entry Bronze Star Medal (1st Oak Leaf Cluster) from block 13 of his DD Form 214 dated 30 November 1987
* Adding the entry Bronze Star Medal with V Device and 2OLC to block 13 of his DD Form 214 dated 30 November 1987
2. The Board further determined that the evidence presented was 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 issuing him a new DD Form 214.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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) AR20110018534
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