IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120008507 


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 his:

* training with the Green Berets
* rank/grade as a sergeant (SGT)/E-5
* bronze services stars and his palms

2.  The applicant states he is not allowed to wear medals that are not shown on his DD Form 214. 

3.  The applicant provides:

* Certificate of training
* DD Form 214
* Prior Record of Proceedings

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.  His military records show he was inducted into the Army of the United States on 19 January 1967.  He was trained in and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam with Company D, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, from 11 July 1967 to 20 February 1968.  

4.  While in Vietnam:

* he was issued a certificate that shows he completed the Lightning Combat Leaders Course from 19 to 27 August 1967
* Unit orders Number 49, issued by Headquarters, 4th Battalion, 9th Infantry, on 5 August 1967 promoted him to the permanent (P) rank/grade of private first class/E-3 
* Unit orders Number 26, issued by Company D, 4th Battalion, 9th Infantry, on 5 December 1967, appointed him to the temporary (T) rank/grade of specialist four/E-4

5.  He was assigned to the Medical Hold Detachment in Japan on 20 February 1968 and after completing treatment, he was reassigned to Company B, 2nd Battalion, 32nd Infantry, 7th Infantry Division, Korea, from on or about 18 March to on or about 25 September 1968.

6.  While in Korea, Special Orders Number 18, issued by Headquarters, 7th Infantry Division, on 17 June 1968, appointed him to the temporary rank/grade of sergeant (SGT)/E-5.

7.  He was honorably released from active duty on 17 January 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty) shows in:

	a.  items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank), the entries "SGT (T)," "E5," and "17 Jun 68" [17 June 1968];

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Korea Presidential Unit Citation

c.  Item 25 (Education and Training Completed) – the entry "None"; and 

	d.  item 30 (Remarks) the entry "Item 5a:  PFC E-3 (P) Aptd: 5 Aug 67" indicating the permanent (P) grade of private first class was highest permanent grade he held and the date of his appointment into this grade was 5 August 1967.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary; for example, "MSG (T) [master sergeant, temporary], SP4 (P), etc."

	b.  Item 6 shows the date of rank for the grade shown in item 5a.

		(1)  If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks).

		(2)  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30.

	c.  Item 24 is used to list all installation courses and military/civilian courses completed during the period covered by the DD Form 214. 

	d.  Item 30 is used to complete entries too long for their respective blocks and/or as a cross-reference.  An entry is made in item 30 with respect to the grade as follows: 

		(1)  If the date of appointment is different from the date shown in item 6, enter date of appointment as follows:  "Item 6 – Date of Appointment 15 August 1955."

		(2)  If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment, as follows:  "Item 5 – MSG (P) (E-8), Appointed 1 August 1988" or Item 5 – SP5 (T), Appointed 13 September 1958, Date of Rank 1 August 1958."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued a DD Form 215 that added two bronze service stars to his already-awarded Vietnam Service Medal as well as the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  A copy of this form was provided to the applicant under separate correspondence. 

2.  The applicant completed the Lightning Combat Leader Course from 19 to      27 August 1967.  There will be no harm to the Army or the applicant if this training course is added to item 25 of his DD Form 214.  It cannot be determined if this is the “training with the Green Berets” to which the applicant referred; however, there is no provision to list his “training” with the Green Berets on the DD Form 214 unless the training could be shown to be a course of instruction. 

3.  The applicant was appointed to the permanent rank/grade of PFC/E-3 which is properly shown in item 30 of his DD Form 214.  His appointment to SP4/E-4 was temporary and as such, it is not shown in item 30 of his DD Form 214.  He was also appointed to the temporary rank/grade of SGT/E-5 which is also shown in items 5a and 5b of his DD Form 214.  There is neither an error nor an injustice with respect to his rank/grade.  

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 adding to item 25 of his DD Form 214 the entry "Lightning Combat Leader Course, 1967." 

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 correcting his DD Form 214 to show his training with the Green Berets or any changes to his rank/grade. 



      _______ _   _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)                                         AR20120008507





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ABCMR Record of Proceedings (cont)                                         AR20120008507



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