IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026760 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his correct rank/grade
* three campaign stars [for wear on his Vietnam Service Medal]
* the Bronze Star Medal (2nd Oak Leaf Cluster) [indicating three awards of the Bronze Star Medal] and with "V" Device on a new
DD Form 214
* the Presidential Unit Citation
* the Valorous Unit Award
* the Meritorious Unit Commendation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* his Distinguished Member of the 187th Infantry Regiment (DMOR) letter
* his correct civilian education level
* his current address

2.  The applicant states he has been questioned several times over his "V" Device and other items as mentioned not shown on his DD Form 214.  He has decided to be buried in his uniform.  He wants no misunderstanding as to what he is authorized to wear since he is the senior vice president of his local Veterans of Foreign Wars (VFW) post.

3.  The applicant provides:

* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* his 1973 USAR promotion orders
* orders awarding him the Bronze Star Medal with "V" Device
* page 4 of his 4-page DA Form 20 (Enlisted Qualification Record)
* a DA Form 1577 (Authorization for Issuance of Awards)
* his College Transcripts
* an Associate in Applied Science diploma
* his DMOR certificate

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 16 November 1967 for a period of 3 years.  Item 41 (Home of Record) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his home of records as "21 R---l St., A-----n, MA 02134."

3.  He held military occupational specialty 91B (Medical Specialist) and he served in Vietnam from 4 November 1968 through 15 September 1969.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion,
187th Infantry.

4.  He was advanced to specialist four (SP4)/E-4 on 7 January 1969.

5.  He was honorably released from active duty on 13 November 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve 

(USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 5a (Grade, Rate or Rank) - SP4
* Item 5b (Pay Grade) - E-4
* Item 21 (Home of Record at Time of Entry Into Active Service) - "21 R---l St., A-----n, MA"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Combat Medical Badge
* Army Commendation Medal
* Bronze Star Medal (2nd Oak Leaf Cluster)
* Republic of Vietnam Campaign Medal
* Purple Heart 

* Item 30 (Remarks) – Civilian Education:  12 (GED)
* Item 31 (Permanent Address for Mailing Purposes After transfer or Discharge) - "Same as 21"

6.  On 19 July 2000, he was issued a DD Form 215 that added the "V" Device to his already-awarded Bronze Star Medal (2nd Oak Leaf Cluster).

7.  He submitted:

* Special Orders Number 6, issued by Headquarters, 5th Battalion, 5th Field Artillery, 187th Infantry Brigade, Roslindale, MA, dated 15 March 1973 promoting him to specialist five (SP5)/E-5, effective 15 March 1973
* a DA Form 1577, dated 20 July 1988, listing various awards and decorations
* his college transcripts and a diploma, dated December 1978, showing completion of various college courses
* a letter, dated 16 April 2004, informing him of his selection as a distinguished member of the 187th Infantry Regiment

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 187th Infantry was cited for award of the:

* Presidential Unit Citation for the period 10 through 21 May 1969 by Department of the Army General Orders (DAGO) Number 16, dated 1972
* Valorous Unit Award for the period 17 April through 7 May 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970, by DAGO Number 48, dated 1971

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969)

10.  Army Regulation 635-5 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.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

11.  Army Regulation 635-5 states for:

* Items 5a and 5b, enter the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders
* Item 6 enter the date of rank
* Item 21, for enlisted personnel, enter the home of record at the time of entry into active duty as shown on the enlistment or induction record
* 
Item 30, use this section for mandatory entries, among which is to enter the highest civilian education level attained as the first entry in this block
* Item 31, enter the mailing address for mailing purposes furnished by the member at the time of separation

12.  Army Regulation 635-5, paragraph 2-7 (Issuing and reissuing DD Form 214) states, once a DD Form 214 has been issued, do not reissue except when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.  Issue a new DD Form 214 when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his rank/grade, the evidence of record shows that at the time of the applicant's release from active duty on 13 November 1970, he held the rank/grade of SP4/E-4.  His record is void of any orders promoting him any rank/grade higher than SP4/E-4 prior to his release from active duty.  The order he provides shows he was promoted to SP5/E-5 effective 15 March 1973, more than 2 years after his release from active duty.  Therefore, in the absence of evidence showing he was promoted to E-5 prior to his release from active duty, there is insufficient evidence to grant this portion of his requested relief.

2.  With respect to his campaign participation in Vietnam, the evidence of record shows he participated in three campaigns phases while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  With respect to his unit awards, during his assignment to Vietnam, his unit was cited for award of the:

* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  With respect to the letter that shows his selection as a distinguished member of the 187th Infantry Regiment, this letter is not recognized by Army Regulation 

600-8-22 as an approved award.  As such, there is no provision to list it on his DD Form 214.  Therefore, there is no basis for granting this portion of his request.

5.  With respect to his education, the evidence of record shows the highest civilian education level he attained during his military service prior to his release from active duty on 13 November 1970 was his GED, which is correctly shown in item 30 of his DD Form 214.  He provided evidence that shows he obtained his associate degree on 30 May 1978, more than 7 years after his separation from the Army.  Therefore, there is no basis for granting this portion of his request.

6.  With respect to his home of record and mailing address, the evidence of record shows at the time of his enlistment, his home of record was identified as "21 R---l St., A-----n, MA 02134."  The mailing address was provided by the Soldier at the time his DD Form 214 was being prepared.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's home of record and mailing address were correct at the time of his release from active duty.  A DD Form 214 is not updated after release from active duty to add a new, current address.  Therefore, there is insufficient evidence with which to grant this portion of his request.

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* 
Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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:

* issuing a new DD Form 214 to show the Bronze Star Medal (3rd Award) and with "V" Device
* changing his rank/grade on his DD Form 214
* adding the Meritorious Unit Commendation to his DD Form 214
* adding the letter of his selection as a distinguished member of the 187th Infantry Regiment to his DD Form 214
* changing his civilian education level on his DD Form 214
* changing his home of record and mailing address on his DD Form 214



      ____________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)                                         AR20100026760



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ABCMR Record of Proceedings (cont)                                         AR20100026760



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