IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120009263 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the correct spelling of Fort Bragg and North Carolina and award of the following:

* Army Commendation Medal
* Combat Medical Badge 

2.  The applicant states the badge and medal were not included on his DD Form 214 when he was out-processed and he signed the document without noticing they were missing.  He also needs his DD Form 214 corrected for Department of Veterans Affairs (VA) disability claims.

3.  The applicant provides:

* Army Commendation Medal Certificate
* Special Orders Number 9, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, APO San Francisco, dated 9 January 1969
* 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 30 August 1966.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained during this period of service was sergeant/E-5.  On 21 August 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group for Annual Training.  He had subsequent service and on 23 July 2006, his name was placed on the retired list in the grade of major. 

3.  His DD Form 214 for the period ending 21 August 1969 shows:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign medal with Device (1960)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Marksmanship Qualification Badge with Pistol Bar (45 Pistol)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Item 23a (Specialty Number and Title), 91B4S, Medical Specialist
* Item 25 (Education and Training Completed) USASFTG (U.S. Army Special Forces Training Group, Fort [Bragg], North [Carolina], 41 Weeks, Medical Specialist

4.  A review of the applicant's records shows he was assigned in the Republic of Vietnam during the period August 1968 to August 1969.

5.  General Orders Number 1397, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 22 August 1969, awarded the applicant the Army Commendation Medal.  

6.  On 21 August 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group for Annual Training.  He completed 2 years, 11 months, and 23 days of creditable active military service during this enlistment period.

7.  The applicant provides a copy of his Army Commendation Medal Certificate and special orders awarding him the Combat Medical Badge.

8.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while in Vietnam, 5th Special Forces Group (Airborne), 1st Special Forces, was cited for award of the:

* Meritorious Unit Commendation by DAGO Number 70, dated 1969, for the period 31 January through 31 December 1968
* Republic of Vietnam Gallantry Cross with Palm by DAGO Number 59, 1969, for the period 1 October 1964 through 17 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, 1971, for the period January 1968 through 24 September 1970

11.  Army Regulation 600-8-22 states that, for active component institutional training, the Special Forces Tab may be awarded to all personnel who:  

	a.  successfully completed the Special Forces Qualification Course or Special Forces Detachment Officer Qualification Course (previously known as the Special Forces Officer Course).  These courses are/were conducted by the USAJFKSWC (previously known as the U.S. Army Institute for Military Assistance); or

	b.  prior to 1 January 1988 for successfully completed the then-approved program of instruction for Special Forces qualification in an Special Forces Group, who were subsequently awarded, by competent authority, skill qualification identifier (SQI) “S” in Career Management Field 18 (enlisted) or SQI “3” in Functional Area 18 (officer).

	c.  for Reserve Component Special Forces qualification programs, the Special Forces Tab may be awarded to all personnel who successfully complete a Reserve Component Special Forces qualification program according to Training and Doctrine Command (TRADOC) Regulation 135–5, dated 1 June 1988 or its predecessors and who were subsequently awarded, by competent authority, SQI “S” or “3” in MOS 11B, 11C, 12B, 05B, 91B, or ASI “5G” or “3.”  USAJFKSWCS will determine individual entitlement for award of the Special Forces Tab based on historical review of Army, Continental Army Command (CONARC), and TRADOC regulations prescribing Special Forces qualification requirements in effect at the time the individual began a Reserve Component Special Forces qualification program.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the correct spelling of Fort Bragg and North Carolina and award of the Army Commendation Medal and Combat Medical Badge was carefully considered.

2.  General orders awarded the applicant the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders awarded the applicant the Combat Medical Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant is entitled to a DD Form 214 that is free of typographical errors; therefore, he is entitled to have Fort Bragg and North Carolina correctly spelled on his DD Form 214.

5.  The applicant served a qualifying period of service for award of the Vietnam Service Medal.  The evidence shows he participated in four campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with four bronze service stars to be affixed on this medal and correction of his DD Form 214 to show this medal with four bronze service stars.

6.  General orders awarded the applicant's unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  The applicant's DD Form 214 and SQI confirm his completion of an approved Special Forces qualification program; therefore, he is entitled to award of the Special Forces Tab and correction of his DD Form 214 to show this award. 

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:

a. Adding the following to his DD Form 214:

* Army Commendation Medal
* Combat Medical Badge
* 4 bronze service stars to his previously-awarded Vietnam Service Medal
* Special Forces Tab
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

   b.  Amending item 25 of his DD Form 214 to correctly spell Fort Bragg and North Carolina.


      _______ _  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)                                         AR20120009263



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ABCMR Record of Proceedings (cont)                                         AR20120009263



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