IN THE CASE OF:	

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080009316 


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, in effect, that the DA Form 20 (Enlisted Qualification Record) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased father, a former service member (FSM), be corrected to reflect accurate information related to his military education, rank, assignment history, campaign participation, discharge certificate issued, Reserve obligation date, and earned and authorized awards.   

2.  The applicant states, in effect, that the following items of the FSM's DA Form 20 should be corrected to reflect accurate information as he presents it in his accompanying statements:  Item 27 (Military Education); Item 33 (Appointments and Reductions); Item 38 (Record of Assignments); and Item 39 (Campaigns).  

3.  The applicant also states that the following items of the FSM's DD Form 214 should be corrected to reflect accurate information in Item 5a (Grade, Rate or Rank); Item 5b (Pay Grade); Item 6 (Date of Rank); Item 13b (Type of Certificate Issued); Item 16 (Terminal Date of Reserve Obligation); Item 19 (Grade, Rate, Rank at Time of Entry into Current Active Service); and Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  

4.  The applicant specifically claims the FSM's combat service in the Republic of Vietnam (RVN) and his rank are not accurately documented in the record and on his DD Form 214.  He also states that all awards and decorations earned by or authorized the FSM, to include the Combat Infantryman Badge (CIB), Bronze Star Medal (BSM) with "V" Device (for Valor) and 1st Oak Leaf Cluster (2nd Award), and all Marksmanship Qualification Badges are not recorded on the FSM's record and DD Form 214. 

5.  The applicant further states that his mother told him the FSM had always wanted to correct his records prior to his death.  He states that the FSM served proudly and honorably, and wanted his family to know the whole story of his service.  He further states that the FSM knew his record was incorrect and thought nothing could be done to rectify the problem; and that Vietnam veterans had nothing to be proud of.  He concludes by requesting that the FSM's last wish that his military record be corrected be honored.  

6.  The applicant provides self-authored statements with the enclosures identified in the continuation sheet to Item 9 of his application in support of his request. 

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’s military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM’s DD Form 214, DA Form 20, and Discharge Certificate provided by the applicant.    

3.  The evidence shows the FSM was inducted into the Army of the United States (AUS) and he entered active duty on 24 August 1966, in the rank of private/E-1 (PV1).  He was released from the AUS on 23 August 1968 and was voluntarily ordered to active duty from the U. S. Army Reserve (USAR) on 24 August 1968.  

4.  The FSM's DA Form 20 shows the FSM last audited this record on 19 May 1969.  Item 2 (Grade) shows the FSM held the rank of PFC and Item 3 (Date of Rank) shows 20 February 1969.  Item 33 (Appointments and Reductions) shows he was initially inducted in the rank of PV1, and he was advanced to private/E-2 (PV2) on 24 December 1966.  He was advanced to PFC, on 10 March 1967, and to specialist four (SP4), which is the highest rank he attained while serving on active duty, on 25 April 1968.  He was reduced to PV1 by reason of special court-martial, on 20 June 1967; was advanced in grade back up to SP4, on 25 April 1968; and was apparently reduced to PFC, for an unknown reason, on              20 February 1969.  PFC was the rank that he held at the time he was released from active duty (REFRAD).  

5.  Item 22 (Military Occupational Specialties) of the FSM's DA Form 20 shows he was originally awarded military occupational specialty (MOS) 64A (Light Vehicle Driver), on 9 December 1966, and he was later reclassified into MOS 11B (Light Weapons Infantryman) on 27 April 1968.  Item 27 (Military Education) shows the FSM completed a 7-week Light Vehicle Driver Course in 1966.

6.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam (RVN) from 18 October 1968 through 21 September 1969, and Item 38 (Record of Assignments) confirms that after arriving in the RVN, on 18 October 1968, and after in-processing, he was further assigned to Company D, 1st Battalion, 28th Infantry Regiment and assigned duty in MOS 11B on 1 November 1968.  It further shows that during his assignment to this unit, the FSM performed duties as a rifleman and as a radio-telephone operator.   

7.  Item 39 (Campaigns) of the FSM's DA Form 20 shows he was credited with participating in the Vietnam Counter-Offensive Phase V campaign, and Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), BSM with "V" Device, Vietnam Service Medal (VSM), Air Medal (AM), and 
two Overseas Service Bars.  

8.  The applicant also provides a 5th Infantry Division Mechanized, Certificate of Course Completion, dated 22 November 1967 which shows the FSM successfully completed the Long Range Reconnaissance Patrol Course; and Headquarters, 1st Infantry Division Special Orders Number 88, dated 29 March 1969 which awarded the FSM the CIB.  The CIB orders list the FSM's rank as SP4 in the standard name line.  

9.  The applicant also provides Headquarters, 1st Infantry Division, General Orders Number 4548, dated 26 May 1969, which awarded the FSM the BSM with "V" Device, and the FSM's rank is shown as SP4 in the standard name line.  

10.  On 18 September 1969, the FSM was honorably REFRAD and transferred to the USAR Control Group to complete his military service obligation (MSO).  The DD Form 214 he was issued at the time of his REFRAD lists his rank as PFC in Item 5a and his pay grade as E-3 in Item 5b.  Item 6 shows his DOR as 20 February 1969.  Item 13b contains the entry "None" and Item 16 lists the termination date of his MSO as 23 August 1973.  Item 19 contains an entry confirming he was inducted into the AUS in the rank of PV1. 

11.  Item 24 of the FSM's DD Form 214, as amended by a DD Form 215 (Correction to the DD Form 214) issued on 25 June 2007, shows the FSM earned the following awards during his active duty tenure:  NDSM, BSM with "V" Device and 1st Oak Leaf Cluster, RVNCM, VSM, AM and CIB.  

12.  Item 30 (Remarks) of the FSM’s DD Form 214 shows he was released to the USAR to complete his MSO of 3 years, 1 month, and 11 days in accordance with paragraph 9, Army Regulation 601-210.

13.  The applicant provides a copy of the FSM’s Report of Medical Examination, dated 17 September 1969, which shows in Item 2 (Grade and Component or Position) the FSM’s rank as SP4.  

14.  The applicant provides a copy of the FSM's Honorable Discharge Certificate, which was issued on 23 August 1972, upon the FSM's completion of his MSO.  This document also lists the FSM's rank as PFC.  

15.  The applicant provides a copy of a National Personnel Records Center (NPRC) letter, dated 15 October 2007.  This document shows the FSM was issued the BSM with "V" Device and 1st Oak Leaf Cluster, AM, NDSM, VSM, CIB, RVNCM with Device 1960, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.

16.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, 1969, and Vietnam Summer-Fall 1969 campaigns.


17.  Paragraph 9-13 contains guidance on the RVNCM and states, in pertinent part, that the Device 1960 will be awarded and worn with this ribbon.  

18.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN the 28th Infantry was awarded the RVN Civil Actions Honor Medal with First Class Unit Citation.

20.  Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for the DD Form 214.  It states in pertinent part, that the DA Form 20 and documents on file in the Official Military Personnel File will be the primary sources for verification of information to support entries on the DD Form 214.  The instructions for Item 5 state, in pertinent part, that the rank, pay grade, and date of rank held at the time of REFRAD will be entered.  The instructions for Item 13b state, in pertinent part, that when an enlisted person is transferred to a Reserve Component (RC) to complete their MSO no discharge certificate will be issued at the time of REFRAD and the entry "None" will be entered.  The instructions for Item 16 state, in pertinent part, that the date a member completes their MSO will be entered for members being REFRAD and transferred to the USAR to complete their MSO.  The instructions for Item 19 state, in pertinent part, the grade an individual held when they actually entered on current tour of active duty will be entered.  

21.  The separation documents regulation in effect at the time stated that service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 would be entered in Item 25.  This included installation training courses (qualification courses), military correspondence courses, and off-duty courses for enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM is eligible for additional awards that should be added to his record and DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms that based on his service 

and campaign participation in the RVN, the FSM is eligible for the RVNCM with Device 1960, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be added to the VSM.  The FSM's record further shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to add these awards to the FSM's record and DD Form 214 at this time.

2.  The applicant's contention that the FSM’s Reserve obligation dated entered in
Item 16 of the DD Form 214 is incorrect was also carefully considered and found to have merit.  The available evidence confirms the FSM entered military service in the AUS on 24 August 1966, and incurred a 6-year MSO from that date.  As a result, his MSO terminated on 23 August 1972, as it is reflected on his honorable discharge certificate.  Therefore, it would be appropriate to correct Item 16 of his DD Form 214 to reflect this date vice the 23 August 1973 that is currently listed.  

3.  The applicant's contention that the FSM completed the LRRP course and that this course should be added to Item 25 of his DD Form 214 was also carefully considered and found to have merit.  The version of the separation documents regulation in effect at the time of the FSM's REFRAD provided for entering all service schools, all military sponsored courses completed in civilian schools and colleges, installation training courses (qualification courses), military correspondence courses, and off-duty courses completed during the period covered by the DD Form 214 in Item 25.  Therefore, it would be appropriate to add this course to Item 25 of the FSM's DD Form 214.  

4.  The applicant's contentions that the rank and pay grade entries in Items 5a, 5b, and Item 19 of the FSM's DD Form 214 and that rank entries in Item 33 of his DA Form 20 are incorrect were also carefully considered.  However, notwithstanding the award orders and medical examination report that list the FSM's rank as SP4, and the photographs showing him wearing sergeant (SGT) stripes, the available evidence confirms he entered military service as a PV1 and SP4 was the highest he held while serving on active duty.  His record is void of any promotion orders for SGT or for SP4 subsequent to his final reduction to PFC on 20 February 1969.  Absent any evidence of record to corroborate the applicant's assertions on this matter and/or of any promotion orders on file that contradict the rank entries in Item 33 of the DA Form 20 there is insufficient evidence to support granting this portion of the requested relief.

5.  The applicant's contention that Item 13b of the FSM's DD Form 214 incorrectly reflects the entry "None" was also carefully considered.  However, by regulation, when an enlisted person is transferred to a RC to complete their MSO, no discharge certificate will be issued at the time of REFRAD and the entry 

in Item 13b will be "None."  The evidence of record confirms that upon the FSM's REFRAD, he was transferred to a RC to complete his MSO.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

6.  The applicant's additional contention that the duty assignment entries and dates entered in Item 38 of the FSM's DA Form 20 are incorrect was also carefully considered.  However, absent any evidence to corroborate these claims, there is also insufficient evidence to support granting this portion of the requested relief.  

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 amending the FSM's DD Form 214 as follows: 

	a.  Item 16 - delete the current entry and replace it with the entry "23 Aug 72"; 

	b.  Item 24 - delete the current list of awards and replace it with the entry 
"National Defense Service Medal, Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, Air Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Medal First Class Unit Citation, Combat Infantryman Badge, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar"; and 

	c.  Item 25 - add the entry "Long Rang Reconnaissance Patrol Course, 1967."

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 additional corrections to the FSM's DD Form 214 and/or DA Form 20. 




      _______ _ 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)                                         AR20080009316



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ABCMR Record of Proceedings (cont)                                         AR20080009316


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