IN THE CASE OF:	

		BOARD DATE:	22 September 2009  

		DOCKET NUMBER:  AR20090007413 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show his blood type is "B" Positive; his rank/grade was private first class (PFC)/E-3; that he completed basic training at Fort Bragg, NC; that he completed 1 year in Vietnam; that he completed 2 years in the Regular Army (RA); that he completed 4 years of high school at Benjamin Franklin High School in Philadelphia, PA; that he completed advanced individual training (AIT) at Fort Polk, LA; award of the Army Good Conduct Medal and the Vietnam Service Medal; that his military occupational specialty (MOS) was 36K (wireman); and that he was discharged at Fort Dix, NJ.

2.  The applicant states, in effect, that this information was left off of his DD Form 214.  He contends that he was in Vietnam for 1 year, that he received medals, and that he was discharged under honorable conditions.

3.  The applicant provides a copy of his DD Form 214 in support of his 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 requested that his DD Form 214 should show he was discharged at Fort Dix, NJ.  His DD Form 214 currently shows in item 11b (Station or Installation at Which Effected) that he was discharged at Fort Dix, NJ.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the RA on 29 November 1969 for a period of 2 years.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) is incomplete.  However, records show the applicant received nonjudicial punishment while in basic combat training at Fort Bragg, NC on 24 January 1970. 

5.  Information pertaining to the applicant's advanced individual training (AIT) is not available.

6.  The applicant's inclusive dates of service in Vietnam are also not available.  However, records show the applicant received nonjudicial punishment while assigned to Vietnam in the rank/grade of PFC/E-3 on 9 July 1970, on 
9 January 1971 in the rank/grade of PFC/E-3, on 9 April 1971 in the rank/grade of private (PV2)/E-2, and on 27 April 1971 in the rank/grade of PV2/E-2.  Additionally, records show he would have been credited with participating in the Vietnam Counteroffensive, Phase VII campaign, which extended from 1 July 1970 - 30 June 1971.

7.  The applicant went absent without leave (AWOL) on 27 June 1971 and returned to military control on 7 March 1972.  

8.  On 27 June 1972, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service, with a general, under honorable conditions discharge.  He had completed 1 year, 10 months, and 14 days of creditable active service with 255 days of lost time due to AWOL.


9.  Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 shows the entry "PV1" [private].  Item 5b (Pay Grade) shows the entry "E1."  Item 22b (Total 
Active Service) shows he completed 1 year, 10 months, and 14 days of total active service.  Item 23a (Specialty Number and Title) shows the entry "57A1O DUTY SOLDIER."  Item 24 (Decorations, Medals, badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.  Item 25 (Education and Training Completed) shows the entry "NA" [not applicable].  Item 30 (Remarks) shows, in pertinent part, the entries "BLOOD GP [group] UNKNOWN" and "4 YRS [years] HS [high school]."  His DD Form 214 also shows he was separated from the service on temporary records. 
 
10.  The applicant's Immunization Record is not available.  There is no evidence of record which shows the applicant's blood type is "B" Positive.

11.  There is no evidence of record which shows the applicant was discharged in the rank/grade of PFC/E-3.

12.  There is no evidence of record which shows the applicant completed 2 years of creditable active service.

13.  Item 32 (Civilian Education) on the applicant's DA Form 20 is blank.

14.  There are no orders for the Army Good Conduct Medal in the available records.

15.  There is no evidence of record which shows the applicant was awarded MOS 36K. 

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  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, including the Vietnam Service Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of 
Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

19.  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.

20.  Army Regulation 672-5-1 (Decorations and 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that item 25 would list service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  The regulation stated that installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214 


would be entered in item 25 for enlisted personnel.  The regulation stated that the highest civilian education level attained would be entered in item 30 as the first entry in this block when not adequately covered in block 25 (Education and Training Completed) and that this information will be taken from the DA Form 20.  The regulation also stated that the blood group would be entered in item 30 from the Immunization Record (Standard Form 601) or the Enlisted Qualification Record.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his blood type is "B" Positive, there is no evidence of record to support this contention.  Therefore, there is insufficient evidence on which to amend the entry "BLOOD GR UNKNOWN" in item 30 on his DD Form 214.

2.  There is no evidence of record which shows the applicant was discharged in the rank of E-3.  Therefore, there is insufficient evidence on which to amend items 5a and 5b on his DD Form 214.  

3.  Since there is no provision to show basic combat training on the DD Form 214, there is no basis for granting the applicant's request to amend item 25 on his DD Form 214.  

4.  Since the applicant's inclusive dates of service in Vietnam are not available, there is insufficient evidence on which to grant his request to show he served 
1 year of service in Vietnam.  However, the available evidence does show he was in Vietnam from at least 9 July 1970 to 27 April 1971, which entitles him to award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960).

5.  There is no evidence of record which shows the applicant served 2 years of creditable active service in the RA.  Therefore, there is insufficient evidence on which to amend item 22b on his DD Form 214.

6.  The governing regulation states that the highest civilian education level attained would be entered in item 30 and the applicant's DD Form 214 properly shows that he completed four years of high school.   Therefore, there is no basis for granting the applicant's request to amend the entry "4 YRS HS" in item 30 on his DD Form 214 to add the name of the high school attended, to include city and state.



7.  The applicant's contention that he completed AIT at Fort Polk, LA was noted.  However, there is no evidence in the available records to support this contention.  Therefore, there is insufficient evidence on which to amend item 25 on the applicant's DD Form 214.

8.  There are no orders for the Army Good Conduct Medal in the available records.  There is no evidence he was recommended for or awarded the Army Good Conduct Medal.  His DA Form 20 is also incomplete and does not reflect his conduct and efficiency rating at his units of assignment during his tenure of service.  Therefore, there is insufficient evidence on which to base award of the Army Good Conduct Medal in this case.

9.  Although the applicant contends that his MOS was 36K, there is no evidence of record which shows the applicant completed the required training and/or awarded MOS 36K.  Therefore, there is insufficient evidence on which to amend item 23a on his DD Form 214.

10.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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 adding to item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 amending his DD Form 214 
to show his blood type as "B" Positive; his rank as E-3; that he completed basic training at Fort Bragg, NC; that he completed 1 year in Vietnam; that he completed 2 years in the RA; that he completed 4 years of high school at Benjamin Franklin High School in Philadelphia, PA; that he completed AIT at Fort Polk, LA; that he was awarded the Army Good Conduct Medal; or that his MOS was 36K.



      ___________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)                                         AR20090007413



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ABCMR Record of Proceedings (cont)                                         AR20090007413



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