BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110006356 


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 rank/grade as sergeant (SGT)/E-5
* the terminal date of his Reserve obligation as 6 May 1985
* award of the Purple Heart on 1 July 1967 and Drill Sergeant Identification Badge on 24 August 1984
* his military occupational specialty (MOS) as 19D2X

2.  He states he requested his awards on 24 February 2011 and did not receive the Purple Heart or Drill Sergeant Identification Badge.

3.  He provides copies of his DD Form 214, general orders (GO) awarding him the Purple Heart, orders promoting him to SGT/E-5, a certificate showing he completed the 85th Division (Training) Drill Sergeant Course, and an Honorable Discharge 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 was inducted into the Army of the United States on 19 October 1966.  Upon completion of initial entry training, he was awarded MOS 11B (Light Weapons Infantryman) and assigned for duty in Vietnam.

3.  The following special orders (SO) awarded him marksmanship qualification badges:

* SO 159 issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 2 December 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO 041 Extract issued by Headquarters, Fort Polk, Fort Polk, LA, dated 13 February 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar
* SO 045 Extract issued by Headquarters, Fort Polk, dated 17 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  GO Number 138, issued by Headquarters, 12th Evacuation Hospital (Semi-Mobile), Vietnam, dated 3 July 1967, show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 1 July 1967.

5.  GO Number 319, issued by Headquarters, 18th Military Police Brigade, Vietnam, dated 28 April 1968, announced award of the Army Commendation Medal (ARCOM) for his meritorious achievement during the period 31 January to 7 February 1968.

6.  He was honorably released from active duty on 29 July 1968 by reason of early separation of overseas returnee and transferred to the U.S. Army Reserve (USAR) to complete his 6-year military service obligation.  He achieved the rank/grade of specialist four (SP4)/E-4 during his active service.

7.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – Vietnam from 4 April 1967 through 26 July 1968


* item 38 (Record of Assignments) – duty in Vietnam with:

* Company A, 4th Battalion, 23d Infantry, 25th Infantry Division, from 14 April to 12 December 1967
* Company C, 53d Infantry, 716th Military Police Battalion, from 13 December 1967 to 24 July 1968

* item 38 – duty MOS 11B throughout his active duty service

8.  His DD Form 214 shows in:

* item 16 (Terminal Date of Reserve/Universal Military Training and Service Obligation) – 18 October 1972
* item 23a (Specialty Number & Title) – 11B2O Light Weapons Infantryman
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Vietnam Service Medal (VSM)
* two overseas service bars

9.  The Vietnam casualty listing shows he was wounded by hostile action on 1 July 1967.

10.  Letter Orders Number 09-1366556, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 20 September 1972, show he was honorably discharged from the USAR effective 18 October 1972.  The orders show his rank as SP4 and his MOS as 11B2O.

11.  On 19 March 1983, he enlisted in the USAR after a break in service of more than 10 years.

12.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned for duty as a drill sergeant from 19 March 1983 through the date of his discharge.

13.  His record includes a certificate showing he completed the 85th Division (Training) Drill Sergeant Course on 24 August 1984.

14.  He was promoted to SGT/E-5 and awarded MOS 19D2X effective 26 August 1984.  The special qualification identifier "X" shows he was qualified as a drill sergeant.

15.  He was honorably discharged from the USAR on 6 May 1985.

16.  Army Regulation 600-8-22 (Military Awards) states the Drill Sergeant Identification Badge is awarded for successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B lists Vietnam campaigns.  The applicant's service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

* 4th Battalion, 23d Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army GO (DAGO) 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 by DAGO 51,dated 1971

* Company C, 52d Infantry, was cited for award of the –

* Presidential Unit Citation (PUC) for the period 31 January to 10 February 1968 by DAGO 17, dated 1969
* Valorous Unit Award (VUA) for the period 1 January to 31 October 68 by DAGO 48, dated 1969

19.  Army Regulation 635-5 (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 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.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 635-5 governing the preparation of the DD Form 214 does not provide for making entries to document service obligations incurred after the period covered by the form or to document qualifications and rank earned after the period covered by the form.

2.  The applicant was not trained as and he did not serve as a drill sergeant during the period covered by his DD Form 214.  He did not hold MOS 19D2X during the period covered by his DD Form 214 and he was not promoted to SGT/E-5 during the period covered by his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show he served as a drill sergeant, held MOS 19D2X, or was promoted to SGT/E-5.

3.  When he was released from active duty, he was obligated to serve until 18 October 1972, the date he would complete his 6-year service obligation.  His DD Form 214 correctly shows this date.  He is not entitled to correction of his DD Form 214 to show the service obligation he incurred when he enlisted in the USAR in 1983.

4.  The documents cited in the CONSIDERATION OF EVIDENCE section will be attached to this Record of Proceedings and he will receive a copy.  He may use these documents as evidence of his service as a drill sergeant in the USAR and as evidence he held MOS 19D2X and was promoted to SGT/E-5.

5.  He was awarded the Purple Heart and ARCOM by GO during his active duty service.  Therefore, he is entitled to correction of his DD Form 214 to show these awards and to be issued these awards.

6.  He states he requested issuance of his awards, but he did not receive the Drill Sergeant Identification Badge.  His record shows he successfully completed the Drill Sergeant Course and served as a drill sergeant in a training command.  Accordingly, he is entitled to issuance of the Drill Sergeant Identification Badge.

7.  The record shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded VSM and correction of his DD Form 214 to show the silver service star.

8.  The record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Machine Gun Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) during his active duty service.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

9.  His units in Vietnam were cited for award of the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the VSM from item 24 of his DD Form 214,

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

* Purple Heart
* ARCOM
* VSM with one silver service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* PUC
* VUA
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

	c.  issuing to him the awards and decorations to which he is entitled, including the Drill Sergeant Identification Badge.

2.  The Board further determined 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 correcting his DD Form 214 to show he served as a drill sergeant, held MOS 19D2X, or his Reserve obligation terminated on 6 May 1985.



      __________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)                                         AR20110006356



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ABCMR Record of Proceedings (cont)                                         AR20110006356



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