IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110023487 


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 Soldier's Medal and Army Good Conduct Medal and to show his rank as sergeant (SGT).

2.  The applicant states his DD Form 214 is incomplete.  He just had his first grandchild and would like to have his records corrected for his posterity.

3.  The applicant provides General Orders Number 10141 and 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.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  Information herein was obtained from documents provided by the applicant.

3.  Headquarters, 101st Airborne Division, General Orders Number 10141, dated 5 August 1969, awarded the applicant the Soldier's Medal for heroism in the Republic of Vietnam on 23 June 1969 while assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 506th Infantry Regiment.

4.  The applicant's DD Form 214 shows he served on active duty in the Regular Army from 28 February 1968 through 26 February 1971 in military occupational specialty 91B (Medical Corpsman).  His DD Form 214 also shows he served in Vietnam from 11 August 1968 through 9 August 1969 and was promoted to specialist five/E-5 effective 10 May 1969.  His authorized awards are shown as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Combat Medical Badge, Army Commendation Medal, and Bronze Star Medal.

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for any awards.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

	a.  The Bronze Star Medal, Air Medal, and Army Commendation Medal are awarded in time of war for heroism or for meritorious achievement or service.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

8.  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 2nd Battalion, 506th Infantry Regiment, 101st Airborne Division, was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.

9.  The version of Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time stated that individual individuals promoted to grades E-5 and E-6 would be promoted to specialist ranks rather than to noncommissioned officer (NCO) ranks.  Exceptions were authorized only when the Standards of Grade Authorization (SGA) do not contain a specialist skill level for the grade or when the SGA contained both specialist and NCO skill levels for the grade and the individual occupied an authorized NCO position vacancy at the next higher pay grade level.

DISCUSSION AND CONCLUSIONS:

1.  While SP5 and SGT are the same pay grade, the duties, responsibilities, and authority were significantly different at the time of the applicant's service.

2.  At that time a person was promoted to the specialist grades unless their MOS or duty position required the NCO designation.  Normally, medical corpsman were promoted to SP5 unless they were assigned to a position necessitating the NCO designation.

3.  With the loss of the applicant's official records in the 1973 St. Louis fire, it is impossible to determine if the applicant served in a duty position warranting the NCO designation of sergeant.  Therefore, correction of the record to show the applicant's rank as SGT is not appropriate.

4.  The applicant was awarded the Soldier's Medal in 1969; however, this medal was omitted from his DD Form 214.  It is appropriate to correct this error.

5.  The applicant served in Vietnam during four campaigns and is authorized to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 does not reflect this fact.  It is appropriate to correct this error.
6.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the following unit awards:  Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  None of these unit awards are shown on his DD Form 214.  It is appropriate to correct these omissions.

7.  Normally, in order to justify a retroactive award of the Army Good Conduct Medal, a Soldier's conduct and efficiency ratings need to be verified.  In cases where a Soldier's records were destroyed in the St. Louis fire, verification of the conduct and efficiency ratings are virtually impossible and award of the Army Good Conduct Medal would not be warranted.  However, by combining the applicant's combat service with his awards of the Soldier's Medal, Air Medal, Bronze Star Medal, and Army Commendation Medal, and the fact that he was promoted to pay grade E-5 in less than 15 months, it is reasonable to conclude that his service was sufficiently meritorious as to warrant award of the Army Good Conduct Medal.

8.  Based on the above facts and findings, it is appropriate to:

	a.  award the applicant the Army Good Conduct Medal (1st Award) for the period 28 February 1968 through 26 February 1971;

	b.  delete the Vietnam Service Medal from his DD Form 214; and

	c.  show that in addition to the awards listed on his DD Form 214, the applicant was awarded or authorized the Soldier's Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 28 February 1968 through 26 February 1971;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the Soldier's Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 changing the applicant's rank.



      __________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)                                         AR20110023487



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ABCMR Record of Proceedings (cont)                                         AR20110023487



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