IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140021388
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, the sister of a deceased former service member (FSM), requests correction of her late brother's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 April 1968 to show award of the:
* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
2. The applicant states:
* the FSM was killed in action in Vietnam on 15 May 1969
* his DD Form 214 only lists award of the National Defense Service Medal
* some awards were awarded posthumously
3. The applicant provides:
* FSM's DD Form 214
* FSM's DD Form 1300 (Report of Casualty)
* letters to the FSM's spouse, dated 24 July 1969 and 14 July 1970
* FSM's Bronze Star Medal Citation and orders
* FSM's DD Forms 4 (Enlistment Record Armed Forces of the United States), dated 14 February 1966 and 13 April 1968
* FSM's DA Form 20 (Enlisted Qualification Record)
* her birth certificate
* FSM's certificate of baptism
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 FSM enlisted in the Regular Army on 14 February 1966 for a period of 3 years. He completed his training and was awarded military occupational specialty 63C (general vehicle repairer). He served in France and Germany from 21 July 1966 to 5 January 1968 and he attained the rank of specialist five.
3. On 12 April 1968, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 12 April 1968 shows the National Defense Service Medal as an authorized award.
4. He reenlisted on 13 April 1968 for a period of 6 years. He arrived in Vietnam on 24 July 1968.
5. The DD Form 1300, dated 20 May 1969, shows the FSM died on 15 May 1969 as a result of burns received in action in Vietnam.
6. Headquarters, Americal Division, General Orders Number 4044, dated 23 May 1969, posthumously awarded the FSM the Bronze Star Medal for meritorious service for the period July 1968 to May 1969.
7. A letter from the Department of the Army Office of the Adjutant General to the FSM's spouse, dated 24 July 1969, states the FSM was posthumously awarded the Bronze Star Medal, Purple Heart, and Army Good Conduct Medal. This letter also states the FSM had been awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960) prior to his death.
8. A letter from the Department of the Army Office of the Adjutant General to the FSM's spouse, dated 14 July 1970, states the Government of the Republic of Vietnam posthumously awarded the FSM the Military Merit of Vietnam and Republic of Vietnam Gallantry Cross with Palm.
9. 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. It established standardized policy for preparation of the DD Form 214 and 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. The regulation also stated a DD Form 214 would not be prepared for Soldiers whose active duty tour ended because of death.
DISCUSSION AND CONCLUSIONS:
1. The FSM's DD Form 214 for the period ending 12 April 1968 is a "snapshot in time" and is a reflection of the FSM's record of active Army service at the time of his discharge for immediate reenlistment.
2. Since the FSM was awarded the Bronze Star Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960) and after his discharge for immediate reenlistment on 12 April 1968 and subsequent service in Vietnam, there is no basis for amending his DD Form 214 for that period to show these awards.
3. Unfortunately, given that the governing regulation stated a DD Form 214 would not be prepared for Soldiers whose active duty tour ended because of death, the awards the FSM received after 12 April 1968 cannot be shown on a DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140021388
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