BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024237 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show:

* The National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal
* His rank/grade as sergeant (SGT)/E-5 instead of specialist five (SP5)/E-5

2.  The applicant states he was in the Delayed Entry Program (DEP) during Vietnam but he did not receive the National Defense Service Medal or the Vietnam Service Medal.  Additionally, he was awarded the Army Commendation Medal but it is not listed on his DD Form 214.  Finally, he was a SGT at the time of separation, he was not a SP5.  

3.  The applicant provides:

* Two letters of appreciation
* U.S. Army Reserve (USAR) discharge orders
* Orders and certificate for award of the Army Commendation Medal

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 records show he enlisted in the USAR under the DEP on 21 February 1975.  He was discharged from the DEP without having completed any active Federal service, on 19 June 1975 and enlisted in the Regular Army for 4 years on 20 June 1975.

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 98G (Electronic Warfare/Signal Intelligence Voice Interceptor).  He served in Germany from on or about 17 February 1976 to 14 June 1979.

4.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows he was promoted to specialist four/E-4 on 13 January 1977 and SGT/E-5 on 12 July 1978.

5.  He was honorably released from active duty on 19 June 1979.  He completed 4 years of creditable active service.  His DD Form 214 shows the following entries:

	a.  Items 6a (Grade, Rate or Rank), 6b (Pay Grade), and 7 (Date of Rank) show the entries "SP5," "E-5," and "78  07  12" respectively. 

	b.  Item 26 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Headquarters, 3rd Infantry Division, Permanent Orders Number 38-5, dated 24 April 1979, awarded him the Army Commendation Medal for meritorious service from 13 December 1976 to 21 February 1979.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 

and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and to a date to be determined.  

	b.  The Vietnam Service 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show:

* The National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal
* His rank/grade as SGT instead of SP5

2.  With respect to his rank/grade, the evidence of record shows the applicant was promoted to SGT/E-5 on 12 July 1978.  Although his pay grade and date of rank are correctly shown on his DD Form 214, it appears this form erroneously lists his rank as "SP5" instead of "SGT."  Therefore, he is entitled to correction of his DD Form 214 to show his rank as "SGT."

3.  Permanent orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The National Defense Service Medal is authorized from 1 January 1961 and 14 August 1974.  He enlisted in the Regular Army on 20 June 1975.  He does not qualify for this award.  His enlistment in the DEP has no bearing on his entitlement to this award. 

5.  There is no evidence in his records and he did not provide any evidence that shows he served in Vietnam.  Qualifying service for the Vietnam Service Medal included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  He does not meet the criteria for this award.


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:

* deleting from item 6a of his DD Form 214 the entry "SP5" and adding "SGT"
* adding to item 26 of his DD Form 214 the Army Commendation Medal

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 the National Defense Service Medal and the Vietnam Service Medal.



      _______ _  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)                                         AR20100024237



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ABCMR Record of Proceedings (cont)                                         AR20100024237



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