RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070015999 


	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.  Rial D. Coleman

Analyst

The following members, a quorum, were present:


Mr. Patrick H. McGann, Jr.  

Chairperson

Ms. Eloise C. Prendergast 

Member

Mr. Michael J. Flynn

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 that the rank, pay grade, and date of rank be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was advanced to specialist five/pay grade E-5 after the paperwork for his DD Form 214 was filed.

3.  The applicant provides copies of his promotion orders and DD Form 214 as documentary evidence in support of this application.

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 DD Form 214 for the period ending 23 March 1970 shows that he was inducted into the Army of the United States on 8 April 1968.  He completed basic and advanced individual training and was awarded the military occupational specialty of 31B (Field Radio Mechanic).

3.  The DD Form 214 issued at the time of the applicant's release from active duty shows that he held the rank of specialist four and the pay grade E-4 with a date of rank of 14 November 1968.

4.  Headquarters and Headquarters Company, 1st Battalion, 11th Infantry Regiment, Unit Orders Number 5, dated 25 January 1970, appointed the applicant as an acting noncommissioned officer in the grade of sergeant.


5.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), Camp Red Devil, Special Orders Number 71, dated 12 March 1970, promoted the applicant to the grade of specialist five with an effective date and date of rank of 23 February 1970.

6.  Headquarters, United States Army Personnel Center, Fort Lewis, Washington, Special Orders Number 82, dated 23 March 1970, relieved the applicant from active duty and transferred him to the United States Army Reserve in the grade of specialist five.

7.  Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 23 March 1970 shows he served in the Republic of Vietnam during the period 2 June 1969 through 
23 March 1970.

8.  Block 38 of the applicant's DA Form 20 shows that while serving in the Republic of Vietnam, he was assigned to Company D, 1st Battalion, 61st Infantry Regiment, 1st Brigade, 5th Infantry Division (Mechanized).

9.  During the process of reviewing the applicant's records to locate information pertinent to his request, it became apparent that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned, was awarded of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was awarded of the Valorous Unit Award based on Department of the Army General Orders Number 52, dated 1974.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  The applicant's records show he participated in three campaigns during his service in the Republic of Vietnam:  Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be amended to correct his rank, pay grade, and date of rank was carefully considered and determined to have merit.

2.  Special Orders promoted the applicant to the grade of specialist five with an effective date and date of rank of 23 February 1970.  Therefore, he is entitled to correction of his DD Form 214 to show the rank of specialist five and pay grade of E-5 with a date of rank of 23 February 1970.

3.  Additionally, Defense Finance and Accounting Services should audit the applicant's pay records and provide him with any pay and allowances due as a result of this correction.

4.  Although the ABCMR is not an investigative agency and the applicant did not specifically request any awards or decorations, while researching his requested action, it was discovered that he was entitled to several awards which are not annotated on his DD Form 214.  Therefore, as an exception to policy, they should be added at this time.

5.  General Orders awarded the applicant’s unit the Valorous Unit Award.  Therefore, the applicant is entitled to have his records corrected to show this unit award.

6.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

7.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

_ECP___  __PHM___  _MJF___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show in Block 5a (Grade, Rate, or Rank) the entry “SP5", in Block 5b (Pay Grade) the entry "E-5", in block 6 (Date of Rank) the entry "23 Feb 70", and that he be paid all back pay and allowances due as a result of the above corrections.

2.  The Board also determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal.




	     __Patrick H. McGann, Jr.
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.