BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010697
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Civil Action Medal (properly known as the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation) and the Vietnamese Parachutist Badge. Additionally, he requests item 15b (High School Graduate or Equivalent) be corrected to show he received his General Educational Development (GED).
2. He states his DD Form 214 does not contain the correct note concerning his GED.
3. He provides his DD Form 214 and his GED Certificate with the Military Test Report.
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 applicants records show he enlisted in the Regular Army on 30 April 1968. He served in the RVN from 17 January 1969 to 19 January 1970 and was assigned to Headquarters and Headquarters Company, 5th Special Forces (SF) Group (Airborne), 1st SF Regiment. He was discharged as a deserter on 30 July 1992 under other than honorable conditions. He was credited with 1 year, 10 months, and 21 days of active service.
3. His DD Form 214 does not show award of the RVN Civil Actions Honor Medal First Class Unit Citation or the Vietnamese Parachutist Badge. Item 15b of his form is marked "No."
4. His GED Certificate with the Military Test Report shows that in July 1968 he satisfactorily achieved scores on the tests of general educational development, high school level. Additionally, item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows "GED" and the year completed as 1968.
5. The applicant's record is void of any evidence that shows he was awarded the Vietnamese Parachutist Badge.
6. 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 pamphlet shows the 5th SF Group, 1st SF Regiment was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.
7. Army Regulation 600-8-22 (Military Award) states that commanders (overseas and the Continental of the United State) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge. Any foreign badges not listed in Appendix D will be forwarded to U.S. Army Human Resources Command, AHRC-PDO-PA, Fort Knox, KY 40122-5100, for approval.
8. Army Regulation 600-8-22, Appendix D, does not list the Vietnamese Parachutist Badge.
9. Army Regulation 635-5 (Separation Documents), establishes standardized policy for preparing and distributing the DD Form 214. The regulation 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. Paragraph 2-4, in pertinent part, states if Soldier has a GED, check the "Yes" block in item 15b.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant is entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show this unit award.
2. There is no evidence and the applicant did not provide any to show that he was awarded and authorized to wear the Vietnamese Parachutist Badge. Therefore, he is not entitled to correction of his DD Form 214 to show this badge.
3. Evidence of record shows he successfully completed his GED in July 1968. Therefore, his DD Form 214 should be corrected to reflect a "Yes" in item 15b.
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 amending his DD Form 214 to:
a. change the "No" to a "Yes" in item 15b; and
b. adding the RVN Civil Actions Honor Medal First Class Unit Citation.
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 award of the Vietnamese Parachutist Badge.
_______ _ 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) AR20130010697
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ABCMR Record of Proceedings (cont) AR20130010697
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