IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140000263
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 he be awarded a combat award/ribbon.
2. The applicant states that he deserves a combat award/ribbon because he received combat pay and was under constant attack.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 4 March 1968 for a period of 3 years and training as a field wireman. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Ord, California and was transferred to Fort Hood, Texas for his first duty assignment.
3. On 22 January 1969, he was transferred to Vietnam for assignment to Headquarters and Headquarters Company, 212th Combat Aviation Battalion as a wireman. He was promoted to the pay grade of E-5 on 15 August 1969 and was awarded the military occupational specialty (MOS) of a radio teletype operator. He was assigned to a radio teletype chief position and remained in that position until he departed Vietnam on 21 January 1970 for assignment to Fort Sill, Oklahoma.
4. On 11 January 1971, he was honorably released from active duty (REFRAD) early to attend school. He had served 2 years, 10 months, and 8 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with device (1960), and the Good Conduct Medal.
5. A review of his official records failed to show any additional awards and there is no indication that he was recommended for any individual awards. There is also no evidence of the applicant actually engaging the enemy in combat.
6. Army Regulation 600-8-22 (Military Awards) states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored. The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded a combat award/ribbon for his service in Vietnam has been noted.
2. While it is not the intent to diminish the applicants service in Vietnam or to his country, the responsibility for recommending individuals for awards lies primarily with the individuals chain of command who is in the best position to evaluate individual performance and the need to recognize deserving individuals with awards.
3. Unfortunately, the applicant has failed to provide any evidence to show that he should have received an award other than what has already been awarded.
4. Therefore, in the absence of such evidence, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20140000595
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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