IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120006160 


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 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 11 (Primary Specialty Number, Title, Years and Months in Specialty) from "00Z5O  00 COMD SGT MAJOR -- 8 YRS - 3 MOS//96B5V INTELLIGENCE ANALYST -- 23 YRS 11 MOS to "11B5S, ADDITIONAL MILITARY OCCUPATIONAL SPECIALTY (MOS) CODE 96B5V, ADDITIONAL MOS CODE 12Z5M."

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the:

* Legion of Merit (2nd Award)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Armed Forces Expeditionary Medal with "Arrowhead"
* Valorous Unit Award
* Special Forces (SF) Tab 

2.  The applicant states he and the retirement services officer failed to do a complete review at the time of retirement.  He has been constantly challenged about his awards and career field when applying for veteran's benefits and at gatherings/reunions. 

3.  The applicant provides:

* Orders 145-48 (MOS action)
* Permanent Orders (PO) 25-5 (Legion of Merit with Oak Leaf Cluster)
* 1995 DD Form 214
* Orders 235-00225 (retirement orders)
* DA Form 2-1 (Personnel Qualification Record)
* Authorization for Individual Foreign Award
* Department of the Army General Orders (DAGO) Number 31, dated 1984 

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 is a retired command sergeant major (CSM) who served in the Regular Army in a variety of stateside or overseas assignments and ultimately retired on 31 May 1995. 

3.  On 28 May 1965, he initially enlisted in the Regular Army and held MOS 11B (Light Weapons Infantryman).  He also completed the Basic Airborne Course.  He served in Vietnam from 3 November 1965 to 1 November 1966.  His unit of assignment is unknown.

4.  He was honorably released from active duty on 27 May 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device
* Combat Infantryman Badge (1st Award)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He executed a 4-year enlistment on 15 August 1968.  He served in:
* Germany, from 23 August 1968 to 24 September 1969
* Vietnam, with Delta Military Assistance Command, the U.S. Army Advisory Group, and the U.S. Military Assistance Command (MACV) from               2 November 1969 to 2 December 1971

6.  He executed a 4-year reenlistment on 24 July 1972.  He subsequently completed the 8-week Ranger Training Course at the U.S. Army Infantry School in or around September 1972.  

7.  He executed a 3-year reenlistment on 30 August 1976 and served in various leadership positions in MOS 11B5V with the 1st Battalion, 75th Ranger Regiment. 

8.  He executed a 6-year reenlistment on 25 November 1978.  He then completed the 16-week SF Qualification Course in 1979 and served in Germany from July 1979 to July 1982 with the:

* 1st SF Battalion, 10th Special Forces Group, Germany, in MOS 11B4V, as a light weapons leader and intelligence sergeant
* U.S. Army SF Detachment (Airborne), in MOS 12B4V (Combat Engineer) as a senior instructor

9.  He was reassigned from Germany to the 1st Battalion, 75th Ranger Regiment at Fort Stewart, GA.  He served with this unit as the Headquarters and Headquarters Company (HHC) First Sergeant and deployed with this unit in his duty MOS of 11B5V to Grenada from 24 to 29 October 1983.

10.  He executed two 3-year reenlistments, on 27 September 1984 and 2 July 1987, during which he completed the Sergeant Major Course (SMC) at the U.S. Army Sergeants Major Academy, Fort Bliss, TX.

11.  On 29 July 1985, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, published Orders 145-48:

* withdrawing primary MOS (PMOS) 11B5V, secondary MOS (SMOS) 96B5V, and additional MOS (AMOS) 12Z5M
* awarding him PMOS 11B5V, SMOS 96B5V, and AMOS 12B4M, effective 2 December 1982

12.  Upon completion of the SMC, he assumed the position of Chief, Intelligence Sergeant, HHC, 75th Ranger Regiment, in MOS 96B5V on 1 October 1986.

13.  On 25 February 1987, he was promoted to sergeant major and on 22 April 1987, Headquarters, 24th Infantry Division (Mechanized), Fort Stewart, GA, published Orders 77-86 laterally appointing him to CSM, effective 27 February 1987.  

14.  He executed a 5-year reenlistment on 30 November 1989 and subsequently served in Korea, from 23 December 1989 to 17 December 1991 as a CSM in MOS 00Z5V with Headquarters and Headquarters Company, 2nd Infantry Division.  

15.  He returned to Fort Benning, GA and assumed the position of installation CSM, where he remained until retirement.  He retired on 31 May 1995 and was placed on the retired list in his retired rank/grade of CSM/E-9 on 1 June 1995.  His DD Form 214 shows in:

   a.  Item 11 - "the entry 00Z5O  00 COMD SGT MAJOR -- 8 YRS – 3 MOS //96B5V INTELLIGENCE ANALYST -- 23 YRS 11 MOS//NOTHING FOLLOWS."

   b.  Item 13 - the:

* Legion of Merit
* Bronze Star Medal
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal (9th Award)
* Army of Occupation Medal
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal
* Noncommissioned Officer's Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Combat Infantryman Badge
* Expert Infantryman Badge
* Master Parachutist Badge
* Parachutist Badge
* Ranger Tab
* Jordanian Parachutist Badge

16.  He submitted:

	a.  PO 25-5, issued by Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, VA, on 25 January 1995, awarding him the Legion of Merit (1st Oak Leaf Cluster).

	b.  Authorization for individual foreign award, issued by USMACV on 16 December 1971 authorizing him to accept and wear the Gallantry Cross with Bronze Star which was presented to him by the Government of the Republic of Vietnam.  

	c.  DAGO Number 31, dated 25 September 1984, awarding the 1st and 2nd Battalions (Ranger), 75th Infantry, the Valorous Unit Award for extraordinary heroism on the island of Grenada during the period 25 through 28 October 1983. These orders stated:

While conducting an airborne assault against well emplaced and positioned Cuban and Grenadian forces, Soldiers of the two Ranger Battalions came under intense enemy antiaircraft fire.  During the assault, elements of each unit began clearing the airfield of obstacles prepositioned to prevent friendly aircraft from landing.  

	d.  DAGO Number 31, issued on 25 September 1984, confirmed campaign participation credit and assault landing credit.  It awarded the 1st and 2nd Battalions (Ranger), 75th Infantry campaign participation credit as well as assault landing credit to both battalions in the vicinity of Point Salines, Grenada, 0635 to 1300 hours, inclusive, 25 October 1983.  

17.  The applicant’s DA Form 2-1 shows he was awarded the SF Tab.  It also shows he was awarded MOS 96B on 28 June 1971.

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states item 11 shows the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Additionally, basic training and advanced individual training are not counted.  


19.  DAGO Number 8, dated 1974, announced  award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, USMACV and its subordinate units during the period          8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

20.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on awards, decorations, and badges:

	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.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July - 30 November 1971

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983.  Qualifying service for non-unit direct support personnel in Grenada is 
6 consecutive days or 12 non-consecutive days.

	d.  The "arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat 

glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Armed Forces Expeditionary Medal. 

	e.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his MOS:

	a.  The applicant was laterally appointed to CSM and held MOS 00Z5O from 25 February 1987 to 31 May 1995, a period of 8 years and 3 months.  This entry is correctly shown on his DD Form 214. 

	b.  The applicant was awarded primary MOS 11B upon completing infantry training in 1965.  He held this MOS from in or around July 1965 to April 1987, which was a period of 21 years and 10 months.  Additionally, he held skill qualification identifier "S" with this MOS.  His DD Form 214 should be corrected to show MOS 11B5S, 21 years and 10 months. 

	c.  He was awarded MOS 96B on 28 June 1971, with the SQI of "V."  The available evidence shows he held it through 31 May 1995 when he retired, a period of 23 years and 11 months.  His DD Form 214 should be corrected to show MOS 96B5V, 23 years and 11 months.  

	d.  He was awarded MOS 12Z with the SQI of "M" on 2 December 1982.  The available evidence shows he held it through 31 May 1995 when he retired, a 

period of 12 years and 6 months.  His DD Form 214 should be corrected to show MOS 12Z5M, 12 years and 6 months.  

2.  The applicant was awarded two awards of the Legion of Merit, one of which is not listed on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show both awards. 

3.  The applicant was awarded the SF Tab and should be entitled to correction of his DD Form 214 to show it.  

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star and a bronze service star to be affixed to the Vietnam Service Medal.

5.  He was awarded the Republic of Vietnam Gallantry Cross with Bronze Star which is shown on his DD Form 214.  However, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards. 

6.  He served in Korea from 23 December 1989 to 17 December 1991.  Therefore, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

7.  He served in Grenada during Operation Urgent Fury with the 1st Battalion (Ranger), 75th Infantry from 24 to 29 October 1983, a period of 6 continuous days:

	a.  This period of service entitles him to award of the Armed Forces Expeditionary Medal and correction of his records to show it.  

	b.  His unit, the 1st Battalion (Ranger), 75th Infantry, was awarded campaign participation credit as well as assault landing.  It is reasonable to presume he physically exited the aircraft in a combat jump during this operation.  Therefore, he is entitled to an arrowhead for wear on the Armed Forces Expeditionary Medal. 

	c.  By regulation, a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges credit. 

Nevertheless, a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  Since the applicant's unit was credited with a combat assault, he is also entitled to bronze service star affixed to his already-awarded Parachutist Badge.  

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from/adding to his DD Form 214 for the period ending 31 May 1995:

	a.  deleting from item 11 the existing entry and adding the entry "00Z5O COMD SGT MAJOR -- 8 YRS - 3 MOS//11B5S INFANTRY SERGEANT 21 YRS 10 MOS//96B5V INTELLIGENCE ANALYST -- 23 YRS 11 MOS//12Z5M COMBATS ENGINEERING SENIOR SERGEANT 12 YRS 6 MOS//NOTHING FOLLOWS";

	b.  deleting from item 13 of his DD Form 214 the Legion of Merit, Parachutist Badge, and Vietnam Service Medal; and

	c.  adding to item 13 of his DD Form 214 the:

* Legion of Merit (2nd Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Parachutist Badge with bronze service star
* Armed Forces Expeditionary Medal with bronze service star and "Arrowhead" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* 
Korea Defense Service Medal
* Special Forces Tab



      _______ _   _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)                                         AR20120006160



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ABCMR Record of Proceedings (cont)                                         AR20120006160



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