IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100028667


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 the following items of his DD Form 214 (Report of Separation from Active Duty):

* Item 6a (Grade, Rate, or Rank)
* Item 6b (Pay Grade)
* Item 7 (Date of Rank)
* Item 17a (Secondary Specialty Number and Title)
* Item 17b (Related Civilian Occupation and Dictionary of Occupational Titles (D.O.T.) Number)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)

2.  The applicant states, in effect:

* he graduated from the Seventh Army Noncommissioned Officers (NCO) Academy in anticipation of obtaining the rank of specialist five (SP5)/E-5
* he believed he would have been promoted to SP5 at or near his release from active duty (REFRAD) date
* he completed an Emergency Medical Technician (EMT) – Ambulance Course in June 1976, and he received certification as a civilian EMT by the Georgia Department of Human Resources in July 1976
* he is technically a Vietnam era veteran, having entered active duty before May 1975
* friends of his at his local Veterans of Foreign Wars (VFW) post have questioned why his DD Form 214 does not list the Republic of Vietnam Campaign Medal with Device (1960)
* he had the honor of serving in two units of service and distinction which rotated in and out of Vietnam
* the officers and senior NCOs of these units encouraged the wearing of the Republic of Vietnam Campaign Medal with Device (1960), to reflect the pride and sacrifices of these units during military and civilian ceremonies

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty)
* Orders 10-1072015, Reserve Components Personnel and Administration Center, dated 29 October 1980
* Diploma, Primary Leadership Course (PLC), Seventh Army NCO Academy, dated 15 July 1977
* Certificate of Training, EMT – Ambulance Course, dated 29 June 1976
* State of Georgia Certification, EMT – Ambulance, dated 21 July 1976

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 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 record shows he enlisted in the Regular Army for a 3-year term on 19 November 1974.  He completed training and was awarded military occupational specialty (MOS) 68G (Airframe Repairman).

3.  Special Orders Number 58, Headquarters, 24th Infantry Division and Fort Stewart, GA, dated 24 March 1976, promoted him to specialist four (SP4)/E-4 effective 5 March 1976.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany from 26 September 1976 to 8 November 1977.

5.  On 9 November 1977, he was honorably released from active duty, in the rank/pay grade of SP4/E-4, and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 2 years, 11 months, and 21 days of active service.  

* Item 6a shows "SP4"
* Item 6b shows "E4"
* Item 7 shows "76-03-05"
* Item 17a shows "NA"
* Item 17b shows "NA"
* Item 26 shows "National Defense Service Medal"

6.  His available record does not contain any indication that:

* he was promoted to sergeant (SGT) or SP5 prior to his REFRAD
* he was awarded a secondary MOS consistent with his EMT – Ambulance certification
* he served in Vietnam, or was awarded the Republic of Vietnam Campaign Medal with Device (1960) 

7.  A DD Form 215, dated 20 October 1978, amended his DD Form 214 by correcting item 4 (Date of Birth) to read "56-05-16."

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

9.  Army Regulation 635-5 (Personnel Separations – 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 the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-7 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.

	a.  Item 6a and 6b of the DD Form 214 documents the grade (rank or rate) and pay grade at the time of separation.

	b.  Item 7 of the DD Form 214 documents the date of rank for the grade (rank or rate) shown in item 6a.

	c.  Item 17a of the DD Form 214 documents the MOS code, title, and date the secondary MOS was awarded.

	d.  Item 17b of the DD Form 214 documents the related civilian occupation and D.O.T. number, relative to the secondary MOS listed in item 17a.

	e.  Item 26 of the DD Form 214 documents the awards a Soldier received throughout all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was promoted to SP5 before his REFRAD.  The evidence of record does not support this contention; therefore, he is not entitled to the requested relief.

2.  The applicant contends his DD Form 214 should be corrected to show his certification as a military and civilian EMT.  His record is void of any evidence showing he was awarded a secondary MOS consistent with his EMT – Ambulance certification; therefore, he is not entitled to the requested relief.

3.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Republic of Vietnam Campaign Medal with Device (1960).  His record is void of any evidence that shows he served in Vietnam; therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20100028667



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