RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070006849 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 7 February 1966 to show the Combat Medical Badge instead of "Medical Badge," the Army Good Conduct Medal, the Special Forces Tab, and the "Vietnamese Parachute Badge."  He further requests correction of his DD Form 214 to change his related civilian occupation and dictionary of occupational title (DOT) number to show medical technician 0-52.80, to add the Advanced Medical Training course, and to show he successfully completed the Vietnam Special Forces Parachute course. 

2.  The applicant states, in effect, that the above awards were not added to his DD Form 214 because at the time it was prepared, his complete records were not available when he was placed on Temporary Disability Retired List (TDRL).  

3.  The applicant provides two DD Forms 214, with the ending periods 
7 February 1966 and 7 September 1965; a Certificate of Achievement, dated 
14 September 1963; a Certificate of Training, dated 23 November 1963; an Advanced Medical Training School letter, dated 14 September 1963; Headquarters, 1st Special Forces Group (Airborne), 1st Special Forces, Temporary Duty Orders, dated 11 June 1964; a DA Form 1577 (Authorization for Issuance of Awards), dated 27 January 1993; a Republic of Vietnam Special Forces Parachute Certificate, dated 24 May 1964; and Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 10-1293117, dated 31 October 1973.   

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 31 May 1962 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 911.23 (Medical Specialist) and later awarded MOS 91B (Medical Specialist).

3.  The applicant provided a Certificate of Achievement and an Advanced Medical Training School letter, both dated 14 September 1963, that show he completed the Advanced Medical Training Course.  The documents do not have the from and through dates of the course.

4.  The applicant provided a Certificate of Training, dated 23 November 1963, that shows he successfully completed Special Forces training with specialization in MOS 911.2 at Fort Bragg, North Carolina.

5.  The applicant arrived in Okinawa, Japan on or about 17 January 1964.  He provided a [translated] Republic Vietnam, Department of National Defense General Staff Special Forces Parachute Certificate, dated 24 May 1964, that shows he completed parachute training with the Republic of Vietnam Special Forces.  On or about 21 June 1964, he departed Okinawa.

6.  The applicant arrived in Vietnam and was assigned to C Company, 1st Special Forces Group (Airborne), 1st Special Forces on or about 21 June 1964.  

7.  Section 9 – (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) show that Headquarters, United States Army Special Forces, Vietnam Special Orders 76, dated 22 July 1964 awarded him the "Medical Badge."

8.  1st Special Forces Group (Airborne), 1st Special Forces Special Orders Number 155, dated 24 August 1964, show that the applicant was awarded the special qualification identifier (SQI) "3".

9.  The applicant departed Vietnam on or about 9 December 1964.  

10. The applicant provides a former fellow Soldier's DD Form 214, with the ending period 7 September 1965.  It shows that the Soldier separated from the military at the rank of Specialist Five (SP5/E-5).  In item 25a it shows the entry "91B4S Med Spec" and in item 25b it shows the entry "0-52.80 Med Tech."  The applicant states that his DD Form 214 DOT should show the same as his former fellow Soldier.


11.  On 7 February 1966, the applicant was honorably released from active duty in the rank of Specialist Four (SP4/E-4) after completing 3 years, 8 months, and 
7 days of creditable active service and was placed on the TDRL on 8 February 1966.

12.  His DD Form 214 with the period ending 7 February 1966 shows that he was awarded the Armed Forces Expeditionary Medal, erroneously shows the "Medical Badge," the Purple Heart, the Marksman Marksmanship Qualification Badge (Rifle), the Marksman Marksmanship Qualification Badge (Browning Automatic Rifle), and the Expert Marksmanship Qualification Badge (M-14).  Item 25a shows the entry "91B30 Med Spec," item 25b shows the entry "Attendants,Hosp&Other Institutions 2-42." Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) does not show the Advanced Medical Training course, and item 29 (Other Service Training Courses Successfully Completed) does not show the Republic of Vietnam Special Forces Parachute training.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 24 (Service Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

15.  Army Regulation 672-5-1, in effect at the time, stated foreign decorations, to include foreign badges, could be accepted and worn upon approval of Department of the Army and with the concurrence of the Chief of Protocol of the Department of State.

16.  Army Regulation 611-201 (Manual of Enlisted Military Occupational Specialties), in effect at that time, provided policy and criteria concerning SQIs that were authorized for use with military occupational specialties.  It stated that the character "S"- Special Forces- was used to identify positions that required 
assignment of personnel who had completed Special Forces specialist MOS training conducted under ATP 33-300 by Special Forces Training Group of the U.S. Army John F. Kennedy for Special Warfare Center (USAJFKSWCS), or who had completed similar training or acquired equivalent qualifying experience.  

17.  Army Regulation 635-5 (Personnel Separations) establishes the policies and procedures for completion and distribution of the DD Form 214.  Army Regulation 635-5, then in effect, stated that in Item 25a, the Soldier’s primary MOS and the MOS title was to be shown.  In item 25b, the related civilian occupation and “DOT” number was shown.  The regulation also stated that item 28 will show major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered.  It also stated in item 29 enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.  This information was included to assist the Soldier in job placement and counseling after separation; therefore, specialized training courses that relate to combat skills are not listed on the DD Form 214.  

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Special Forces Tab is awarded for successful completion of USAJFKSWCS approved Active Army institutional training leading to Special Forces qualification.  It further states that Special Forces Tab may be awarded retroactively to all personnel who performed the wartime service from 1942 through 1973 and served with a Special Forces unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded SQI "S," "3," or "5G" by component authority.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

20.  Army Regulation 600-8-22 does not list the "Vietnamese Parachute Badge" as an authorized award.

21.  Department of the Army General Orders Number 8, 1974, announced award of 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his related civilian occupation and DOT number should be changed from attendants, hospital and other institutions 2-42 to medical technician 0-52.80 on his DD Form 214.  He provided a former fellow Soldier's DD Form 214, with the ending period 7 September 1965, that shows the rank of SP5 and MOS 91B skill level 4.  He feels that his DD Form 214 should mirror the same as his former fellow Soldier's.  However, evidence of record shows the applicant's rank at the time of his separation was SP4 and his MOS as 91B skill level 3 which was a rank and skill level below the former fellow Soldier’s.  Therefore, it appears that based on his rank and skill level at the time of his separation the applicant was given the proper related civilian occupation and DOT number.

2.  Evidence of record shows that the applicant completed the Advanced Medical Training Course on 14 September 1963.  Therefore, his DD Form 214 should be amended to add Advanced Medical Training Course in item 25 of the DD Form 214.  

3.  Evidence of record shows that the applicant completed the Republic of Vietnam Special Forces Parachute training on 24 May 1964.  However, Army Regulation 635-5 states that training courses for combat skills will not be listed in item 29 of the DD Form 214.  

4.  The "Vietnamese Parachute Badge" is not listed in Army Regulation 600-8-22 as an authorized award and therefore it is not authorized for entry on the DD Form 214.  More importantly, there is no evidence to show that the Republic of Vietnam awarded it to him or, if it was awarded to him, that the proper authorities authorized him to accept and wear it.

5.  The applicant's DD Form 214 shows award of the "Medical Badge."  It appears that it is an administrative error and it is reasonable to presume that the "Medical Badge" is the Combat Medical Badge.  His DD Form 214 should be corrected in item 26 to show award of the Combat Medical Badge.  

6.  Evidence of record shows the applicant successfully completed Special Forces training with specialization in MOS 911.2 and later awarded  MOS 91B at Fort Bragg, North Carolina.  He was erroneously awarded SQI "3," which was the officer equivalent of the enlisted SQI "S."  Therefore, his DD Form 214 should be amended to show MOS 91B3S in item 25a.


7.  The applicant was separated in the rank of Specialist Four with 3 years, 
8 months, 7 days of creditable active service with no time lost and conduct and efficiency ratings of “excellent” for the entire period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 31 May 1962 through 30 May 1965 based on completion of a period of qualifying service.

8.  The applicant met the eligibility criteria for award of the National Defense Service Medal, the Special Forces Tab, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MKP      __LCB   _  __DED__  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: 

	a.  by deleting the entry "Medical Badge” in item 26 of his DD Form 214;

	b.  by awarding the applicant the Army Good Conduct Medal 
1st Award for the period 31 May 1962 through 30 May 1965;

	c.  by amending his DD Form 214 in item 26 to add the Combat Medical Badge, the Army Good Conduct Medal 1st Award, the National Defense Service Medal, the Special Forces Tab, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  by amending his DD Form 214 in item 28 to add the Advanced Medical Training Course (1963). 


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 adding the "Vietnamese Parachute Badge" or the Vietnam Special Forces Parachute course to his DD Form 214 or changing his related civilian occupation and DOT number to show medical technician 0-52.80 on his DD Form 214.




___Margaret K. Patterson_
          CHAIRPERSON


































INDEX

CASE ID
AR20070006849
SUFFIX

RECON

DATE BOARDED
15 NOVEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0113.0000
2.
107.0056.0000
3.
107.0124.0000
4.
118.0000.0000
5.

6.