BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018478 


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:

	a.  The correction of his name on the following documents:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Silver Star award certificate
* General Orders (GO) Number 5174, dated 5 August 1969, issued by Headquarters, 4th Infantry Division, awarding the Silver Star to the applicant
* Air Medal award certificate
* GO Number 8216, dated 28 December 1969, issued by Headquarters, 4th Infantry Division, awarding the Air Medal to the applicant

	b.  Add the following awards to his DD Form 214:

* Silver Star 
* Air Medal
* Army Commendation Medal
* two Certificates of Appreciation

2.  The applicant states, in effect, his name should be shown as (last name) "Nxxxxx-Cxxx," (first name) "Sxxxxx" instead of "Nxxxxx, Sxxxxx Cxxx."  Additionally, his DD Form 214 is missing awards he received while serving in Vietnam.  What is currently shown was the result of human error, and the awards were not added because they were released after his discharge.

3.  The applicant provides:

* DD Form 214
* GO Number 5174, Silver Star award certificate, and citation
* GO Number 8216, Air Medal award certificate, and citation
* GO Number 7946, dated 14 December 1969, issued by Headquarters, 4th Infantry Division awarding the applicant the Army Commendation Medal, with Army Commendation Medal award certificate and citation
* two certificates of appreciation, signed by the President of the United States and U.S. Army Chief of Staff, respectively

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 into the Army of the United States on 6 August 1968.  After completing initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he held was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows his name as "Nxxxxx-Cxxx, Sxxxxx."  It contains the following entries:

	a.  Item 31 (Foreign Service) shows he had qualifying service for four campaign periods: 

* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

	b.  Item 38 (Record of Assignments) shows, while in Vietnam, he was assigned to Company D, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division.

	c.  Item 41 (Awards and Decorations) lists:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Silver Star
* Army Good Conduct Medal

4.  His records contain the following:

	a.  DD Form 47 (Record of Induction) lists the applicant's name as "Nxxxxx-Cxxx, Sxxxxx."

	b.  Special Orders Number 150, dated 6 August 1968, issued by Armed Forces Examining and Entrance Station, shows his name as "Nxxxxx-Cxxx, Sxxxxx."

	c.  GO Number 5174 awarded the applicant the Silver Star and showed his name as "Nxxxxx, Sxxxxx C."

	d.  GO Number 8216 shows the award of the Air Medal and lists his name as "Nxxxxx, Sxxxxx C."

5.  He was honorably released from active duty on 5 August 1970.  His DD Form 214 shows the following:

	a.  Item 1 (Last Name, First Name, Middle Name) states "Nxxxxx, Sxxxxx Cxxx."

	b.  Item 22 (Statement of Service) (1) (Net Service this Period) shows 2 years of net active creditable service.



	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal
* two overseas service bars

	d.  Item 30 (Remarks) states he served in Vietnam from 4 January 1969 to 3 January 1970.

6.  The applicant provides:

	a.  GO Number 5174, Silver Star award certificate and citation, all of which list his name as "Nxxxxx, Sxxxxx C."

	b.  GO Number 8216, Air Medal award certificate, and citation, all of which list his name as "Nxxxxx, Sxxxxx C."

	c.  DD Form 1725 (Certificate of Appreciation), undated, signed by the President of the United States, thanking the applicant for his service during the period 6 August 1968 to 5 August 1970.

	d.  DA Form 3522 (Certificate of Appreciation), dated 5 August 1970, signed by the U.S. Army Chief of Staff, in recognition of the applicant's active service.

7.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.  Certificates of appreciation given for active service are not shown as either an award or a decoration.  Regarding campaign participation during service in Vietnam, the regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.


	a.  This pamphlet shows the 1st Battalion, 12th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, in Department of the Army General Orders (DAGO) Number 3, dated 1970, for the period October 1966 to 28 July 1969.

	b.  It also shows the 1st Battalion, 12th Infantry Regiment was awarded, in DAGO Number 53, dated 1970, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969.

9.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  It states, in pertinent part, item 13 is to show all federally recognized awards and decorations.  It does not identify certificates of appreciation as being required for inclusion on the DD Form 214. (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant has two requests:

	a.  Correct his name on his DD Form 214 and the associated documents for his awards of the Silver Star and the Air Medal.

	b.  Add the following awards to his DD Form 214:

* Silver Star
* Air Medal
* Army Commendation Medal
* two certificates of appreciation, signed by the President of the United States and the U.S. Army Chief of Staff

2.  Regarding the applicant's name, both his induction record and induction orders show his name as "Nxxxxx-Cxxx, Sxxxxx."  The cited documents which have his name as "Nxxxxx, Sxxxxx C." or "Nxxxxx, Sxxxxx Cxxx" are clearly in error and should be corrected.  As such, the applicant's DD Form 214 for the period ending 5 August 1970 and the GO announcing the awards of the Silver Star and Air Medal should be amended.  The associated awards certificates should be amended and reissued.  Additionally, although certificates may be reissued, citations are not reissued. 

3.  As to the addition of awards to his DD Form 214, both the evidence provided by the applicant and his records confirm he received the Silver Star, the Air Medal, and the Army Commendation Medal.  These awards should therefore be added to his DD Form 214.  There is no provision, however, for listing certificates of appreciation on the DD Form 214 and, thus, these documents should not be reflected.  

4.  The applicant is also authorized and should have the following awards added to his DD Form 214:

* four bronze service stars to his already awarded Vietnam Service Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ___X_____  __X__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 1 of his DD Form 214 the full name "Nxxxxx, Sxxxxx Cxxx" and adding the full name "Nxxxxx-Cxxx, Sxxxxx"
* deleting from item 24 the Vietnam Service Medal and adding the:

* Silver Star 
* Air Medal
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* after correcting the applicant's name to "Nxxxxx-Cxxx, Sxxxxx," reissue new certificates for award of the Silver Star and Air Medal
* amend the GO announcing the awards of the Silver Star (GO Number 5174) and Air Medal (GO Number 8216) to show his name as "Nxxxxx-Cxxx, Sxxxxx"

2.  The Board further determined that 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:

* Reissuing the citations for awards of the Silver Star and Air Medal
* DD Form 1725 (Certificate of Appreciation), undated, signed by the President of the United States, thanking the applicant for his service during the period 6 August 1968 to 5 August 1970
* DA Form 3522 (Certificate of Appreciation), dated 5 August 1970, signed by the U.S. Army Chief of Staff, in recognition of the applicant's active service



      _______ 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)                                         AR20140018478





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ABCMR Record of Proceedings (cont)                                         AR20140018478



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