IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011826 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 September 1971:

* change his rank and pay grade to sergeant/pay grade E-5
* add his award of the Bronze Star Medal

2.  The applicant states his rank and pay grade are shown on his DD Form 214 as specialist four/pay grade E-4.  His Bronze Star Medal is not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* orders for appointment to acting sergeant
* orders for the Bronze Star Medal

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 was inducted into the Army of the United States on 15 September 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

3.  He served in the Republic of Vietnam from 23 September 1970 to 6 September 1971.  He was assigned to:

* Company D, 3rd Battalion, 21st Infantry, as a rifleman from 5 October 1970 to 20 June 1971
* 23rd Administration Company as a clerk typist from 21 June to 6 September 1971

4.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) does not show he was promoted to sergeant/pay 
grade E-5.  There are no orders in his military personnel records jacket (MPRJ) promoting him to sergeant/pay grade E-5.

5.  The award of the Bronze Star Medal is not shown in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).  There are no orders in his MPRJ awarding him the Bronze Star Medal.

6.  He provides a copy of Company D, 3rd Battalion, 21st Infantry, Unit Orders Number 32, dated 12 May 1971, appointing him as acting sergeant/pay 
grade E-5.

7.  He also provides a copy of Headquarters, 23rd Infantry Division, General Orders Number 09791, dated 1 September 1971, awarding him the Bronze Star Medal for meritorious service from 1 September 1970 to 31 July 1971.

8.  On 8 September 1971, he was released from active duty.  He completed 1 year, 11 months, and 24 days of active service that was characterized as honorable.

9.  Item 5a (Grade, Rate, or Rank) of his DD Form 214 shows his rank as specialist four and item 5b (Pay Grade) shows his pay grade as E-4.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal with First Oak Leaf Cluster
* one overseas service bar
* Army Good Conduct Medal (First Award)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Grenade Bars

11.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS) is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.  ADCARS contains Headquarters, 23rd Infantry Division, General Orders Number 09791, dated 1 September 1971, awarding the applicant the Bronze Star Medal for meritorious service from 1 September 1970 to 31 July 1971.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows during the period he was assigned to:

* 3rd Battalion, 21st Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971
* 23rd Administration Company, the unit was awarded the Meritorious Unit Commendation (Army) for the period 1 February to 27 November 1971

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he participated in the:
* 
Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971)
* Consolidation I Campaign (1July-30 November 1971)

	b.  A bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

14.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, stated that company, troop, battery, and separate detachment commanders could appoint qualified individuals as acting corporals/pay 
grade E-4 and acting sergeants/pay grade E-5 to serve in position vacancies existing in their units, including those resulting from the temporary absence of an assigned noncommissioned officer (NCO).

	a.  Acting NCO's were not entitled to pay and allowances of such higher grades and service as an acting NCO was not to be credited as time in a higher grade for promotion or date of rank purposes.

	b.  Appointment of acting NCO's and termination of such status were announced in orders issued by the appointing authority.  Acting NCO status was terminated:

* at the discretion of the unit commander who made the appointment
* upon reassignment to another unit
* upon assignment of a regularly-promoted NCO to the position
* when casual groups reach their destination

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, then in effect, stated the active duty grade or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  He was appointed as acting sergeant/pay grade E-5 by the Commander, Company D, 3rd Battalion, 21st Infantry.  Although there are no orders terminating this appointment, it was terminated upon his reassignment to the 23rd Administration Company.

2.  There are no orders in his MPRJ promoting him to sergeant/pay grade E-5.  He was serving as a specialist four/pay grade E-4 at the time of his separation.  Therefore, the entries in items 5a and 5b of his DD Form 214 are correct.

3.  Orders obtained from ADCARS show he was awarded the Bronze Star Medal. Therefore, this award should be added to his DD Form 214.

4.  Based on his service in the Republic of Vietnam, he is authorized:

* the Meritorious Unit Commendation (Army)
* two bronze service stars to be worn on his Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 amending item 24 of his DD Form 214 to include:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


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 his rank and pay grade.



      __________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)                                         AR20110011826



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ABCMR Record of Proceedings (cont)                                         AR20110011826



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