IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013979
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct rank of E-5 and his award of the Army Commendation Medal (ARCOM).
2. The applicant states that he was promoted to the rank of sergeant (SGT) E-5 just before he was discharged and his orders did not reach his records before he was separated. Additionally, his award of the ARCOM was not added to his DD Form 214.
3. The applicant provides copies of his promotion orders and orders awarding him the ARCOM.
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 25 July 1969. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a communication center specialist at Fort Gordon, Georgia before being transferred to Vietnam on 14 January 1970.
3. He was assigned to the 54th Signal Battalion and the 167th Signal Company during his tour and was awarded the ARCOM on 7 December 1970. He departed Vietnam on 20 November 1970 for assignment to Fort Hood, Texas.
4. He was promoted to the rank of SGT E-5 on 21 May 1971, and on 24 May 1971 he was honorably released from active duty (REFRAD) to attend school. He had served 1 year and 10 months of active service and his DD Form 214 issued at the time of his REFRAD shows in item 5a and b that his rank and pay grade were SP4 E-4. His DD Form 214 also shows that he was awarded the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, and Republic of Vietnam Campaign Medal.
5. A review of his official records show that he received excellent conduct and efficiency ratings throughout his service and is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
6. 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows his units were was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank and pay grade of SGT/E-5 on 21 May 1971 and is entitled to have that information entered on his DD Form 214.
2. He was awarded the ARCOM on 7 December 1970 and is entitled to have that award added to his DD Form 214.
3. The applicant received all "excellent" conduct and efficiency ratings throughout his service. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 25 July 1969 through 24 May 1971 and to correct his DD Form 214 to show this award.
4. Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show that unit award.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entries SP4 E-4 from items 5a and b of his DD Form 214
* Deleting the entry 19 December 1969 from item 6 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 25 July 1969 through 24 May 1971
* Adding the entries SGT E-5 in items 5a and b of his DD Form 214
* Adding the entry 21 May 1971 to item 6 of his DD Form 214
* Adding the awards of the ARCOM, AGCM (1st Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. 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) AR20130013979
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ABCMR Record of Proceedings (cont) AR20130013979
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