BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140003411 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show awards he received while serving in the Indiana Army National Guard (INARNG) and after his discharge.

2.  The applicant states his DD Form 214 is in error because of the dates and times when the awards were awarded.

3.  The applicant provides:

* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Valorous Unit Award (VUA) Certificate
* Army Achievement Medal (AAM) Certificate
* letter from the National Personnel Records Center, dated 27 January 2014

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 covering the period 17 April 1968 through 16 April 1970 are not available for review.  This case is being considered using reconstructed records that primarily consist of the records he provided.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 17 April 1968.  He served as a light vehicle driver in Vietnam from 12 September 1968 to 9 May 1969.  On 16 April 1970, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR). 

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

5.  Records show he participated in three campaigns during his assignment in Vietnam.

6.  He enlisted in the INARNG on 1 December 1972.

7.  On 31 May 1991, he was honorably discharged from the INARNG and transferred to the USAR Control Group (Retired Reserve).  He was placed on the Retired List effective 3 June 2008.

8.  He provided an AAM Certificate that shows he was awarded the AAM for exceptionally meritorious service during the period 10 June 1983 to 26 June 1983.

9.  He provided a VUA Certificate, dated 24 March 2010, that shows the 70th Engineer Company was awarded the VUA for extraordinary heroism during the period 1 July 1968 to 31 December 1968.



10.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

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

DISCUSSION AND CONCLUSIONS:

1.  He provided a VUA Certificate that shows the 70th Engineer Company was cited for award of the VUA for the period 1 July 1968 to 31 December 1968.  However, since his service personnel records covering his active duty service from April 1968 to April 1970 are not available, it cannot be determined whether he was assigned to the 70th Engineer Company when it was cited for the VUA.  Regrettably, there is insufficient evidence on which to base adding this unit award to his DD Form 214.

2.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD.  Since he served in the INARNG after his REFRAD and he received the AAM after his REFRAD, there is no basis for amending his DD Form 214 to show the AAM or any awards he received while serving in the INARNG.

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 adding award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 adding the VUA, AAM, or any awards he received while serving in the INARNG to his DD Form 214.




      ___________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)                                         AR20140003411



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ABCMR Record of Proceedings (cont)                                         AR20140003411



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