IN THE CASE OF:	  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110020164 


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, in effect, correction of his Headquarters, 20th Engineer Brigade Certificate of Achievement to show his proper service number as RAXXXXX022 instead of RAXXXXX203.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he:

	a.  held the rank/grade of acting sergeant (SGT)/E-5 instead of specialist five (SP5)/E-5 at the time of his release from active duty;

	b.  qualified with the M-14 rifle on 8 April 1966 and the M-16 rifle on 15 March 1967; and

	c.  participated in four campaigns in the Republic of Vietnam (RVN):

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

2.  The applicant states these omissions from his DD Form 214 occurred either because his full record was never submitted by the company clerk or individual responsible or as the result of administrative error.



3.  He provides:

* Headquarters, 20th Engineer Brigade Certificate of Achievement, dated 10 August 1968
* Headquarters, Oversea Replacement Station, U.S. Army Personnel Center, Fort Lewis, WA, Unit Orders Number 9, dated 6 February 1969
* 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 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.  His record shows he enlisted in the Regular Army on 21 February 1966.  The service number assigned to him was RAXXXXX022.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 2 (Grade) shows his rank/grade as SP5/E-5.

	b.  Item 3 (Date of Rank) shows 17 July 1967.

	c.  Item 29 (Qualification in Arms) shows he qualified as a sharpshooter with both the M-14 and the M-16 rifles.

	d.  Item 31 (Foreign Service) shows he served in the RVN from 1 September 1967 to 29 August 1968.

	e.  Item 33 (appointments and Reductions) shows he was promoted to SP5/E-5, effective 17 July 67, and does not show he was appointed to acting SGT at any time during his service.


	f.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he served in Company C, 36th Engineer Battalion from 1 September to 9 November 1967 and Company C, 69th Engineer Battalion (Construction) from 10 November 1967 to 23 August 1968.

4.  The applicant's record contains (and he also provides) Headquarters, Oversea Replacement Station, U.S. Army Personnel Center, Fort Lewis, WA, Unit Orders Number 9, dated 6 February 1969, which show he was appointed from rank/grade SP5/E-5 to the temporary acting noncommissioned officer rank/grade of SGT/E-5.  A thorough review of every document in his available record shows this is the only document on which his rank/grade appears as acting SGT/E-5.  His rank/grade consistently appears as SP5/E-5 on documents dated before and after the issuance date of his temporary acting SGT appointment orders.

5.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Special Orders Number 51, dated 20 February 1969, released the applicant from active duty and transferred him to the U.S. Army Reserve (USAR) in the rank/grade of SP5/E-5.

6.  The applicant's DD Form 214 contains the following information:

	a.  he was REFRAD on 20 February 1969 and transferred to the USAR Control Group (Reinforcement) for completion of his remaining service obligation.
At the time of his REFRAD he had served 3 years of total active service.

	b.  Item 2 (Service Number) shows his service number as RAXXXXX022.

	c.  Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) show his rank/grade as SP5/E-5.

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

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

	e.  Item 30 (Remarks) shows he was appointed to the permanent rank/grade of SP5/E-5 on 17 July 1968.
7.  His record contains a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 20 February 1969, which informed the Adjutant General of the State of Oregon the applicant was REFRAD and should arrive home in OR within 10 days as a Ready Reservist obligated to train.  This form shows his rank/grade as SP5/E-5.

8.  His record also contains Letter Orders Number 01-1041050 issued by the Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, on 26 January 1972.  These orders show he was honorably discharged from the USAR on 20 February 1972 as a result of the expiration of his term of service.  These orders show his rank/grade as SP5/E-5.

9.  The applicant provides a Headquarters, 20th Engineer Brigade Certificate of Achievement, dated 10 August 1968, which was awarded to him for displaying an exceptional degree of devotion to duty in support of military engineering operations in the Republic of Vietnam during the period 23 November 1967 to 5 July 1968.  This document shows his rank as SP5 and his service number as RAXXXXX203.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified (examples:  Sharpshooter Marksmanship Qualification Badge with Rifle Bar). 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned was cited for award of:
* the Meritorious Unit Commendation by Department of the Army General Order (DAGO) Number 42, dated 1969
* the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974
* two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations by DAGO Number 43, dated 1970 and DAGO Number 32, dated 1973

13.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  This regulation also provides that the rank/grade held by the separating Soldier at the time of separation will be entered on DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  Evidence shows he qualified as a sharpshooter with the M-14 and M-16 rifle.  His DD Form 214 shows only this badge in relation to the M-16 rifle.  Although he may wear only the one rifle bar with this badge, it would be appropriate to correct his DD Form 214 to reflect the qualification with both rifles.

3.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  DAGOs awarded his Vietnam units the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations for actions during his tenure.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Although evidence shows the applicant was temporarily appointed to the rank/grade of acting SGT/E-5 for a period of time, there is no evidence showing he held that status beyond the time he spent in the replacement center or that he was ever permanently appointed to SGT/E-5 and held that rank/grade at the time of his separation.  Therefore, he is not entitled to correction of his DD Form 214 to reflect this rank/grade.
6.  The fact that a typographic error resulted in the wrong service number being entered on the applicant's Headquarters, 20th Engineer Brigade Certificate of Achievement, dated 10 August 1968, is duly noted.  However, that is a unit-level certificate which was created and issued by his unit at the time and there is no way to issue him a replacement certificate at this late date.

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.  deleting the Vietnam Service Medal and “SPS M-16” entries from item 24 of his DD Form 214; and

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

* Meritorious Unit Commendation
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 correcting his DD Form 214 to show he held the rank/grade of acting SGT/E-5 at the time of his separation and correcting his service number on his Headquarters, 20th Engineer Brigade Certificate of Achievement.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110018483





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ABCMR Record of Proceedings (cont)                                         AR20110020164



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