IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001749 


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:

* Award of the Bronze Star Medal
* His rank/grade as staff sergeant (SSG)/E-6 instead of specialist five (SP5)/E-5

2.  The applicant states he lost all his medals in a recent move.  He was told by the National Personnel Records Center (NPRC) he would need to get his DD Form 214 updated.  

3.  The applicant provides:

* DD Form 214
* Certificate and citation showing award of the Bronze Star Medal
* U.S. Army Reserve (USAR) promotion orders
* Letter from the NPRC

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 was inducted into the Army of the United States on 17 June 1968 and held military occupational specialty (MOS) 94B (Cook).  He served in Vietnam from 28 July 1969 to 10 June 1970.  He was assigned to the 3rd Squadron, 4th Cavalry, 25th Infantry Division. 

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to:

* Private First Class/E-3 on 6 February 1969
* Specialist Four/E-4 on 9 May 1969
* SP5/E-5 on 9 December 1969

4.  He was honorably released from active duty on 10 June 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 24 days of creditable active service with no lost time.

5.  Items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) of his DD Form 214 show the entries "SP5," "E-5," and "9 DEC 69" respectively.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Vietnam Service Medal.

7.  General Orders Number 4603, issued by Headquarters, 25th Infantry Division, on 26 April 1970 awarded him the Bronze Star Medal for service from June 1969 to June 1970.

8.  His records do not contain official orders that show he was promoted to SSG/E-6 prior to his release from active duty.

9.  He enlisted in the USAR on 27 April 1974.  He held MOS 73C (Finance Specialist) and he was promoted to SSG/E-6 on 9 May 1977.  He also served through multiple reenlistments in the USAR.  It appears he was honorably discharged from the USAR on or about 21 April 1981.
10.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states items 5a and 5b will show 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; and item 6 shows the date of rank.

12.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Item 29 (Qualifications in Arms) of his DA Form 20 shows he fired expert with the M-14 rifle on 24 July 1968 and the M-16 rifle on 8 May 1969.

14.  A review of his service reveals no derogatory information in his record.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of military service.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 3rd Squadron, 4th Cavalry, this unit was awarded the:

* Valorous Unit Award for service from 1 May to 29 June 70, based on Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May to 28 June 1970, based on DAGO 55, dated 1971

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This regulation also states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

* Vietnam Summer - Fall 1969 - 9 June - 31 October 1969
* Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970
* DA Sanctuary Counteroffensive - 1 May -30 June 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star 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.

2.  General orders awarded his unit in Vietnam the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

4.  He fired expert with the M-14 and M-16 rifles; therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 & M-16) and correction of his DD Form 214 to show this badge.

5.  He served honorably during the period 17 June 1968 through 10 June 1970.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his period of military service, and received multiple awards.  His record does not contain any derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

6.  With respect to his rank/grade, there no evidence in his records and he did not submit substantiating evidence that show he was promoted to SSG/E-6 prior to his release from active duty on 10 June 1970.  The orders he provides show he was promoted to SSG/E-6 in the USAR some 7 years after his release from active duty.  There is no provision in the regulation to show a USAR promotion on a previously issued active duty 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:

* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 June 1968 through 10 June 1970
* adding to his DD Form 214 the:

* Good Conduct Medal (1st Award)
* Bronze Star Medal
* Three bronze service stars to his already-awarded Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16)

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 correcting his DD Form 214 to show his rank/grade as a staff sergeant/E-6. 


      _________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)                                         AR20110001749



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ABCMR Record of Proceedings (cont)                                         AR20110001749



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