IN THE CASE OF:	  

		BOARD DATE:  11 March 2014

		DOCKET NUMBER:  AR20130012491 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his last name as Ne--
* Combat Infantryman Badge
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* appropriate number of bronze service stars for his Vietnam Service Medal
* all personal and unit awards to which he is authorized for his foreign service in the RVN

2.  The applicant states he served his country honorably and he is entitled to these awards. 

3.  The applicant provides his DD Form 214 and a Department of Veterans Affairs (VA) 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 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's military records show:

	a.  He was inducted into the Army of the United States on 1 May 1967.

	b.  Item 1 (Last Name-First Name- Middle Name) of his DD Form 47 (Record of Induction) shows the last name Nu--.

	c.  He was awarded military occupational specialty 11B (light weapons infantryman).

	d.  He served in the RVN from on or about 24 September 1967 to 
20 September 1968.

	e.  He was assigned, as a rifleman, to Company E, 4th Battalion, 47th Infantry during his tour of duty in the RVN from 27 September 1967 to 15 September 1968.

	f.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

	g.  Item 41 (Awards and Decorations) of his DA Form 20 has no entry for the Combat Infantryman Badge.

	h.  He was honorably released from active duty on 30 April 1969 in the temporary rank/pay grade of sergeant (SGT)/E-5.

3.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device "1960."  His last name is listed as Nu-- in Item 1 (Last Name-First Name-Middle Name) of this form.

4.  The other military documents contained in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), show he served and was released from the Army under the same last name as shown on his DD Form 214.  There is no evidence in his service personnel records that shows served under any other last name.

5.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.

7.  His name is not listed on the Vietnam Casualty roster.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	b.  A bronze service star is authorized with Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive (Phase III), Tet Counteroffensive, Vietnam Counteroffensive (Phase IV), and Vietnam Counteroffensive (Phase V) Campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN his unit was awarded the:

	a.  RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 31, dated 1969; and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation by DAGO 59, dated 1969.

11.  He provides a copy of his VA identification card that shows his last name as Ne--.

12.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show:

* his last name as Ne--
* Combat Infantryman Badge
* RVN Gallantry Cross with Palm Unit Citation
* appropriate number of bronze service stars for his Vietnam Service Medal
* all personal and unit awards to which he is authorized for his foreign service in the RVN
* all awards to which he is authorized for his foreign service in the RVN

2.  The applicant served honorably during the period 1 May 1967 through 
30 April 1969.  He completed a tour in the RVN, received "excellent" conduct and efficiency ratings throughout his military service, and attained the temporary rank/grade of SGT/E-5.  His record is void of any derogatory information on file that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his records to show this award.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He was previously awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award. 



5.  The available records show he performed the duties of a rifleman and he was assigned to an infantry unit during his period of service in the RVN.  However, there is insufficient evidence to confirm that he was engaged in active ground combat.  Therefore, there is an insufficient basis to award him the Combat Infantryman Badge and there is no evidence to show it was awarded to him.

6.  The evidence of record confirms that during his entire period of service he chose to serve under the last name that is shown on his DD Form 214 and on every document filed in his military record.

7.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record the last name that is listed on his VA identification card in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

8.  He is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the name shown on his VA identification card, will be filed in his AMHRR.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have the name shown on his VA identification card documented in his AMHRR.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 May 1967 through 30 April 1969;

	b.  adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

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 the award of the Combat Infantryman Badge and changing his last name.




      _______ _  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)                                         AR20130012491





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ABCMR Record of Proceedings (cont)                                         AR20130012491



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