IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002159 


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 his military occupational specialty (MOS) be corrected and all of his medals be included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
29 August 1970.  He also requests that his duty with N Company, 75th Ranger Regiment be noted in his records.

2.  The applicant states he was accused of fraud three times.  In one Department of Veterans Affairs (VA) office he was asked to leave and not come back.  These corrections are needed to substantiate his actual service in the Republic of Vietnam.

3.  He submitted an additional statement, dated 12 November 2010, to his application.

	a.  In February 1969 he served as the radio telephone operator for forward observer (FO) Lieutenant D__d in the field with C Company, 4th Battalion,
503rd Infantry for approximately 3-4 months.

	b.  In May of 1969 he was attached to B Company, 4th Battalion,
503rd Infantry with FO Lieutenant P___s.

	c.  In May or June of 1969 he was assigned as FO to E Company,
4th Battalion, 503rd (Reconnaissance) RECON.

	d.  In June or July of 1969 he was asked to do special operations with N Company, 75th Ranger Regiment.   His duty was to provide expert artillery support for the Rangers.  His orders were to report to the executive officer (XO) or battalion commander of 3rd Battalion, 319th Artillery only and not to discuss his mission or what he was doing with anyone except the XO and the battalion commander.

	e.  His DD Form 214 does not reflect any of his actual duty in the Republic of Vietnam.

4.  The applicant provides:

* his orders for release from active duty
* a letter, dated 1 May 2006, from a former sergeant in Company N, 
75th Ranger Regiment
* an email, dated 6 January 2011, from a former Ranger sergeant
* an email, dated 7 January 2011, from the Secretary, 75th Ranger Regiment Association
* Life Membership Certificate for the 75th Ranger Regiment Association
* A DA Form 1577 (Authorization for Issuance of Awards), dated 2 January 1990
* his DD Form 214

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.  He enlisted in the Regular Army on 15 January 1968 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded MOS 64A (Light Vehicle Driver).  On 15 October 1968, he was awarded MOS 13B (Field Artillery Basic).

3.  He served in the Republic of Vietnam from 30 December 1968 to on or about 29 August 1970.  During this period he was assigned to:

* Battery D, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade from 
6 January 1969 to 15 February 1970
* Headquarters and Service Battery, 3rd Battalion 319th Artillery, 
173rd Airborne Brigade from 16 February to 30 August 1970 in MOS 13E (Cannon Fire Direction Specialist)

4.  On 20 September 1969, he was promoted to sergeant/pay grade E-5 in MOS 13E effective 15 September 1969.

5.  Item 5 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Parachutist Badge.

6.  On 29 August 1970, he was released from active duty.  He completed 
2 years, 7 months, and 15 days of active service that was characterized as honorable.  His DD Form 214 issued for this period of service contains the following entries:

	a.  Item 23a (Specialty Number &Title) - MOS 13B4P FA Basic

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Purple Heart
* 3 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, during the time of the applicant’s assignment to the 3rd Battalion, 319th Artillery the unit received the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 5 May 1965 to 26 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 15 April 1969 to 16 March 1971

10.  In a letter, dated 1 May 2006, a former sergeant states he served in N Company, 75th Ranger Regiment from 25 June 1969 to 17 June 1970.  

	a.  He stated Ranger companies were comprised of six specially-selected personnel for extremely dangerous scouting and raiding missions.  The team leader would generally be able to coordinate artillery fire in most situations, in a case where advanced skills were needed they had two artillery forward observers (FO) attached from the 3rd Battalion, 319th Field Artillery.  These men would be deployed with various teams to aid in plotting and executing artillery fire missions on targets they would encounter and observe while on patrol.

	b.  He went on several missions with the applicant attached as their FO.  He was the assistant team leader and the team leader with the applicant as a scout. 

	c.  He described a mission conducted in early August 1969 on which the applicant accompanied the team as the "slack" man.

11.  In an email, dated 6 January 2011, a former sergeant from N Company, 75th Ranger Regiment stated the applicant was an FO from the 319th Artillery.  He was used as an FO on missions with many of the Ranger teams.  He stated the applicant was not carried on N Company, 75th Ranger Regiment rolls.  He was assigned to the 319th Artillery under operational control of N Company, 75th Ranger Regiment.

12.  In an email, dated 7 January 2011, the Secretary, 75th Ranger Regiment Association certified the applicant is a Lifetime Member of the 75th Ranger Regiment Association.  His qualification arises from his service with N Company, 75th Ranger Regiment attached to the 173rd Airborne Brigade in Vietnam.

13.  Chapter 9 (Enlisted Qualification Record (DA Forms 20, 20A, 20B, and 2876) of Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, stated the DA Form 20 was the basic document for maintaining current data necessary to manage enlisted personnel and document their military career and provided for the preparation and maintenance of the DA Form 20.  Paragraph 9-51b(1)(c) stated entries of assignments would be made in chronological order and reflect a record of all military service of the individual.  A new line entry is required upon reassignment and two or more calendar days' lapse between date of departure and date of arrival at new station.

14.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.

16.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The exact date he was awarded MOS 13E is not shown in his Military Personnel Records Jacket (MPRJ).  However, orders show he was promoted in that MOS on 20 September 1969 and assigned to a unit in that MOS on 
16 February 1970.  It is reasonable to conclude his assigned MOS when he was separated was 13E.  Therefore, MOS 13E4P should be entered in item 23a of his DD Form 214.

2.  The DD Form 214 is the certificate of service issued upon a service member's discharge or release from a period of active Federal service.  It is issued for the period of active duty and lists all pertinent service information such as rank, date of rank, awards, special education and characterization of service.  The DD Form 214 does not list, nor is it intended to, a history of assignments or missions completed during those assignments during the member's period of service.

3.  The statements submitted by the applicant attesting to the missions he participated in with N Company, 75th Ranger Regiment while he was assigned to the 319th Artillery were noted.  However, the evidence does not show he was assigned to N Company, 75th Ranger Regiment.  The email dated 
6 January 2011 specifically stated he was not carried on N Company's rolls and he remained assigned to the 319th Artillery.  The DA Form 20 only maintains a record of assignments during a Soldier's career.  There is no place in a Soldier's official military personnel file (OMPF) where specific missions are documented.  Therefore, there is no basis to grant his request to include his missions with N Company, 75th Infantry in his OMPF.

4.  It is recommended the applicant maintain a permanent record of the letters and emails he has obtained attesting to his service with N Company, 75th Ranger Regiment for future use in documenting the specifics of his service in the Republic of Vietnam.

5.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 15 January 1968 to 29 August 1970 ending with termination of a period of Federal military service.

6.  His DA Form 20 shows he was awarded the Parachutist Badge.  Therefore, this award should be added to his DD Form 214.


7.  Base on his service with the 3rd Battalion, 319th Artillery he is authorized the: 

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

8.  He participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and one bronze service star to be worn on his Vietnam Service Medal.  

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.  awarding him the Army Good Conduct Medal for the period 15 January 1968 to 29 August 1970;

	b.  correcting item 23a of his DD Form 214 by deleting 13B4P FA Basic and adding 13E4P Cannon Fire Direction Specialist; and

	c.  amending item 24 of his DD Form 214 to add the:

* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge

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 missions with N Company, 75th Ranger Regiment.



      _________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)                                         AR20110002159



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ABCMR Record of Proceedings (cont)                                         AR20110002159



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