IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130008095 


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, his DD Form 214 (Report of Separation or Discharge) be amended to correct the spelling of his last name and list the Bronze Star Medal.

2.  The applicant states, in effect, through human error his DD Form 214 has the wrong last name and does not include his award of the Bronze Star Medal.

3.  The applicant provides copies of his DD Form 214, a 12 May 1969 U.S. Armor Center letter, a Bronze Star Medal award certificate, a Bronze Star Medal citation, Americal Division General Orders Number 909 of 6 February 1969, and a birth certificate.

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 was inducted on 12 July 1967, completed training, and was awarded the military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  His induction documents show his last name as D__mey__.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following:

* advancement to specialist (E-4)
* service in Vietnam with the 406th Transportation Detachment from 21 February 1968 through 6 February 1969
* conduct and efficiency ratings of exclusively "excellent"
* service during one campaign period
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1962), Aircraft Crewman Badge, Bronze Star Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Americal Division Special Orders Number 909, dated 6 February 1969, awarded the applicant the Bronze Star Medal.  The award certificate shows the award was made on 19 February 1969.

6.  The applicant was released from active duty on 11 February 1969 with 1 year and 7 months of active duty and no lost time.

7.  His DD Form 214 shows his surname as D__oy__ and lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

9.  The birth certificate provided shows the spelling of the applicant's last name as D__mey__.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 406th Transportation Detachment, it was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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 must have been no convictions by a 
court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods:  the Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; Counteroffensive Phase V, 1 July 1968 - 1 November 1968; and the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and served under the name D__mey__.  His 
DD Form 214 incorrectly spells his last name as D__moy__.  It is appropriate to correct this error.

2.  The applicant's awards of the Bronze Star Medal, Aircraft Crewman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) were omitted from his DD Form 214.  It is appropriate to correct this error by adding them to his DD Form 214.

3.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct this omission.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 12 July 1967 through 11 February 1969.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  showing the spelling of the applicant's last name on his DD Form 214 as shown on his birth certificate;

	c.  awarding him the Good Conduct Medal (1st Award) for his period of service from 12 July 1967 through 11 February 1969;

	d.  showing that, addition to the awards listed on his DD Form 214, he is also authorized the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20130008095





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ABCMR Record of Proceedings (cont)                                         AR20130008095



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