IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120001849 


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 (Report of Separation from Active Duty).

2.  The applicant states, on two DD Forms 149 (Application for Correction of Military Records), the following corrections are required to his DD Form 214:

* include all awards and decorations earned, and issue those awards to him
* include his secondary military occupational specialty (MOS) 16C2O (Hercules Missile Fire Control Crewman)
* include his security clearance
* include his Hercules Missile Fire Control Crewman training

3.  The applicant additionally has highlighted the following areas of his DD Form 214:

* Block 6a (Grade, Rate, or Rank) showing PFC (private first class)
* Block 6b (Pay Grade) showing E-3
* Block 7 (Date of Rank) showing "70/12/03"
* Block 27 (Remarks) pertaining to 32 days of lost time

4.  The applicant provides a copy of his DD Form 214 and a printout of unit awards earned by the 23rd Infantry Division (Americal).



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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army for 4 years on 19 September 1968. He completed Basic Combat Training at Fort Gordon, GA and Hercules Missile Fire Control Crewman training at Fort Ord, CA.  During his training, his conduct and efficiency were rated as "excellent."

4.  From February 1969 to March 1971, he served at Fort Tilden, NJ and was assigned to Batteries A and C, 3rd Battalion, 51st Artillery.  His DA Form 20 (Enlisted Qualification Record) shows his MOS 16C1O was withdrawn on 1 April 1970 and replaced by MOS 70A1O (Clerk).  The DA Form 20 also shows during this period his conduct and efficiency were only rated as "fair" to "good."

5.  The applicant's records show:

* he received a Secret security clearance on or about 28 February 1969 based on a National Agency Check (NAC)
* his Secret clearance was revoked on 20 November 1970
* he was promoted to specialist four (SP4/E-4) effective 21 June 1971
* he was reduced to private first class (PFC/E-3) on 14 August 1971
* he was reduced to private (PV1/E-1) on 3 September 1971


* he was absent without leave (AWOL) on two occasions – 17 October 1969 to 4 November 1969 (18 days) and 21 April 1970 to 4 May 1970 (14 days)
* he was awarded the:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Missile Bar (also known as 2nd Class Gunner with Missile Bar)
* Vietnam Service Medal (VSM)

6.  He was transferred to Vietnam in March 1971.  Records show he arrived in-country on or about 11 April 1971 and served as a clerk-typist (MOS 71B2O) assigned to the 23rd Administration Company, 23rd Infantry Division.  His DA Form 20 shows MOS 71B2O as his primary MOS and MOS 70A1O as his secondary MOS.  The applicant departed Vietnam on or about 6 September 1971 after serving 4 months and 27 days.

7.  On 19 August 1971, his chain of command processed him for an administrative discharge for unfitness.  The discharge was approved and he was issued an undesirable discharge (UD) on 7 September 1971.

8.  The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on an unknown date, denied his request.

9.  The applicant's discharge upgrade petition was reviewed a second time under the provisions of Department of Defense (DOD) Special Discharge Review Program (SDRP) (Public Law 95-126).  On 13 April 1978, the ADRB upgraded his discharge to a general under honorable conditions discharge (GD) and affirmed the upgrade.  He was issued a new DD Form 214.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time the applicant's DD Form 214 was reissued provided:

* secondary MOS codes, titles, and dates of award would be included in Block 17a
* personnel security investigation would be entered in Block 25 (at the time he was discharged the version of the DD Form 214 in use did not have a block for this item)
* formal in-service training courses would be listed in Block 27 
* last foreign service area would be entered in Block 27

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  There were two campaigns during the April – September 1971 time frame – Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971).

	b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The applicant served with the 23rd Administration Company (of the 23rd Infantry Division) during a time when that unit was awarded a Meritorious Unit Commendation for the period 1 February 1971 to 27 November 1971 by Department of the Army General Order Number 32, dated 1973.  The unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1971 to 30 June 1971 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was considered and it was determined partial relief should be granted.

2.  Concerning awards, the applicant's DD Form 214 (GD) should be corrected as follows:


* delete:

* VSM and "ExpQual Bad w/Rifle Bar" from Block 26

* add:

* VSM with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Missile Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The applicant served in Vietnam for 4 months and 27 days, not the 6 months required to qualify for award of the Republic of Vietnam Campaign Medal with Device (1960).

4.  Concerning all other administrative corrections, the applicant's DD Form 214 (GD) should be corrected as follows:

* in Block 16a, add the date "21 JUN 71"
* in Block 17a, add "70A1O CLERK 1 APR 70"

5.  The following items should not be corrected or added to the applicant's       DD Form 214 for the following reasons:

	a.  MOS 16C2O – although the applicant was originally awarded and held MOS 16C2O, his records show this MOS was withdrawn and was no longer a primary or secondary MOS; therefore, it may not be shown in Blocks 16a or 17a 

	b.  The applicant’s original DD Form 214 did not contain a block for personnel security investigation, and the reissued DD Form 214 required only the personnel security investigation and date, not the actual security clearance.  Therefore, Block 25 of the reissued DD Form 214 was correctly annotated "NA" for "Not Applicable."

	c.  Presumably, the applicant wants the 32 days of lost time noted in Block 27 to be removed or reduced; however, this entry is correct as his records confirm he was AWOL twice for a total of 32 days.

	d.  The applicant wants his Hercules Missile Fire Control Crewman training shown on his DD Form 214.  This schooling is already shown in Block 27 as "USATC  HERC MSL FCC  8 WKS" meaning "U.S. Army Training Center – Hercules Missile Fire Control Crewman – 8 Weeks."

     e.  It appears the applicant had been reduced to PFC as a result of misconduct, and further reduced to PV1 when he was given an undesirable discharge.  When the ADRB upgraded his discharge, the reduction to PV1 was voided, restoring him to the rank he held prior to that last reduction; i.e., to PFC.  Therefore, his DD Form 214 properly shows his rank as PFC.

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 

* deleting from his GD DD Form 214:

* VSM and "ExpQual Bad w/Rifle Bar" from Block 26

* adding:

* in Block 16a, the date "21 JUN 71"
* in Block 17a, "70A1O CLERK 1 APR 70"
* in Block 26

* VSM with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Missile Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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:

* MOS 16C2O as a secondary MOS
* showing he held a "Secret" security clearance
* adjusting or removing the 32 days of lost time
* adding Hercules Missile Fire Control Crewman training
* awarding him any unit awards other than those earned by his unit, 23rd Administration Company
* adding the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214
* showing his rank as SP4



      _______ _   _______   ___
               CHAIRPxERSON
      
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)                                         AR20120001849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001849



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1