ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20190001542


APPLICANT REQUESTS:  the applicant, the spouse of a deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending      11 July 1967, by:

* adding the Bronze Star Medal (BSM)
* listing his rank/grade as captain (CPT)/O-3

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* a letter
* 2 DD Forms 214
* Certificate of Death
* 3 photographs

FACTS:

1.  The Board will not consider the adding the BSM to the FSM's DD Form 214 for the period ending 11 July 1967, as this item will be addressed through an administrative correction.

2.  The applicant states, in effect, the FSM left the Army in the rank/grade of CPT/O-3 and had been awarded the BSM.  The information must be corrected in order for it to be properly reflected on his tombstone at Arlington Cemetery.

3.  The FSM enlisted in the Regular Army on 27 January 1964.  He was honorably discharged on 30 August 1965 to accept a commission as an officer.

4.  The FSM was commissioned as an officer in the U.S. Army Reserve on 31 August 1965.  He entered active duty on 31 August 1965 and he served in the Republic of Vietnam from 8 July 1966 to 7 July 1967 with Battery B, 3rd Battalion, 18th Artillery.  On 11 July 1967, he was released from active duty at the expiration of his active duty commitment.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)

5.  The FSM was promoted to the rank/grade of CPT/O-3 as a Reserve Commissioned Officer of the Army under Title 10 of the U.S. Code on 30 August 1971.

6.  On 17 February 1977, the FSM was honorably discharged from the Ready Reserve in the rank/grade of CPT/O-3.

7.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

BOARD DISCUSSION:

1.  The Board reviewed the application with supporting documents and the evidence in the available records.  Award of the Bronze Star will be an administrative correction based on the orders contained in the record.  Regarding the correction of his rank on the DD Form 214 for the period of service ending 11 July 1967, the record contains a promotion document dated 25 August 1971 showing an effective date of promotion to Captain as 30 August 1971.  This promotion occurred after the period of active duty service covered by the DD Form 214.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 July 1967 to show award of the Bronze Star Medal and additional awards as noted below.

2.  The Board further determined that further relief pertaining to correction of the rank recorded on the DD Form 214 upon separation is denied.



	 
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.


ADMINISTRATIVE NOTE(S):  the following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 11 July 1967, without action by the Board:

* General Orders (GO) Number 1056, issued by Headquarters (HQ), Americal Division, on 2 November 1967, awarded him the BSM 
* Department of the Army (DA) GO Number 59, dated 1969, awarded him the Presidential Unit Citation (PUC)
* DA Pamphlet (PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) paragraph 8a (4,5) authorizes him the VSM with 2 bronze service stars
* DA PAM 672-3 paragraph 6d(1,2) authorized him the Republic of Vietnam Gallantry Cross with Palm Unit Citation

     a.  delete the VSM from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and add the following awards:

* BSM
* PUC
* VSM with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

     b.  add to item 22c (Foreign and/or Sea Service) the entry, "Vietnam."



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  

ABCMR Record of Proceedings (cont)	 AR20190001542


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