IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001024 


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 he completed noncommissioned officer (NCO) and ranger training, and the correct date that his service in Vietnam began.

2.  The applicant states he enlisted in the U.S. Army on 12 December 1967 for airborne infantry.

	a.  He completed basic training at Fort Bliss, Texas, and advanced individual training at Fort McClellan, Alabama.  He was selected for and completed NCO and ranger training at Fort Benning, Georgia, and was promoted to staff sergeant (SSG)/pay grade E-6 on 1 November 1968.  He then completed airborne training and deployed to Vietnam.

	b.  He arrived in Vietnam on 9 December 1968 and was assigned to the
3rd Battalion, 506th Infantry, 101st Airborne Division.  He received two weeks orientation and his first day in the field was 25 December 1968.

	c.  He contracted acute malaria and was medically evacuated to Japan and then to the United States.

	d.  He was assigned to the Vietnam Preparation Unit at Fort Hood, Texas until he was honorably released from active duty to attend college.

3.  The applicant provides, in support of his request, a copy of 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 enlisted in the Regular Army on 12 December 1967.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in the top margin the entry "Temporary Records Prepared at 501st Replacement Detachment, Fort Hood, Texas."  It also shows in:

	a.  item 27 (Military Education):  no entry (is blank);

	b.  item 28 (Specialized Training):  no entry (is blank);

	c.  item 31 (Foreign Service):  Vietnam from 9 January through 19 September 1969;

	d.  item 33 (Appointments and Reductions):  he was promoted to SSG (E-6) with a date of rank of 31 October 1968; and

	e.  item 38 (Record of Assignments) (is blank) for the period 12 December 1967 through 15 January 1970:

	 	(1)  501st Administration Company, 501st Replacement Detachment, Fort Hood, Texas, effective 16 January 1970; and

	 	(2)  Headquarters and Headquarters Company, 5th Battalion, 6th Infantry, 1st Armored Division, Fort Hood, Texas, effective 20 April 1970;




	f.  item 41 (Awards and Decorations):

* Army Commendation Medal
* National Defense Service Medal
* One Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Parachutist Badge

4.  Headquarters, 101st Airborne Division, General Orders Number 9838, dated
28 July 1969, awarded the applicant the Army Commendation Medal for meritorious achievement while assigned to Company B, 3rd Battalion,
506th Infantry, 101st Airborne Division in the Republic of Vietnam from
1 February to 30 June 1969.

5.  A DD Form 214 shows the applicant entered active duty on 12 December 1967, was honorably released from active duty on 14 September 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  It also shows in:

	a.  item 22 (Statement of Service), block c (Foreign and/or Sea Service):  "USARPAC (U.S. Army Pacific); 0 years, 8 months, and 11 days";

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal
* Parachutist Badge

	c.  item 25 (Education and Training Completed):  "None"; and

	d.  item 30 (Remarks):  "Inclusive dates of service in Vietnam during current period of service:  9 Jan 69 thru 19 Sep 69"

6.  A review of the applicant's military personnel records failed to reveal evidence that he completed NCO or ranger training.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.

	b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It also states for:

		(1)  item 24:  enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein;

		(2)   item 25:  enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period cover by the DD Form 214; and

		(3)  item 30 states:  enter inclusive dates of service in Vietnam during current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his military training and the correct date that his service in Vietnam began.

2.  The sincerity of the applicant's contentions regarding his military training and the date he began his service in the Republic of Vietnam is not in question.

   a.  However, there are no entries in item 27 or item 28 of his DA Form 20 or any records (e.g., certificates of completion) showing he completed NCO or ranger training.  Therefore, there is insufficient evidence to support correction of his records in this instance.

   b.  Records show the applicant served in Vietnam (USARPAC) for a period of 8 months and 11 days (from 9 January through 19 September 1969) and this service is recorded in item 22, block c, and item 30 of his DD Form 214.

	 	(1)  There are no records and the applicant provides insufficient evidence to show he arrived in Vietnam on 9 December 1968.

	 	(2)  Thus, there is in sufficient evidence to support correction of the applicant's DD Form 214 in this instance.
3.  The evidence of record shows that general orders awarded the applicant the Army Commendation Medal.

4.  Evidence shows that the applicant's records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding to item 24 of his DD Form 214 the Army Commendation Medal.




      _______ _   _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)                                         AR20120001024



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ABCMR Record of Proceedings (cont)                                         AR20120001024



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