BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017921 


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 award of the Purple Heart and his rank as sergeant (SGT).  Additionally, he requests his social security number (SSN) be corrected on Special Orders Number 45 and Unit Orders Number 23. 

2.  He states a typographical error occurred on his SSN on Special Orders Number 45 and Unit Orders Number 23.  Additionally, he states that his award of the Purple Heart and rank of SGT were not listed on his DD Form 214.

3.  He provides the following:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Special Orders Number 45, dated 17 February 1969
* Unit Orders Number 23, dated 27 February 1969
* General Orders Number 170, dated 17 May 1968
 
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 was inducted into the Army of the United States on 14 June 1967.  He served in the Republic of Vietnam from 12 April 1968 to 4 July 1968 and was assigned to Company A, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.  He was honorably released from active duty as an overseas returnee on 6 June 1969.

3.  His DD Form 214 and DD Form 215 show in:

* Item 3 (SSN) the eighth digit is listed as "4"
* Item 5a/5b (Grade, Rate, or Rank) specialist five (SP5) (T) temporary 
* Item 6 (Date of Rank) 17 February 1969
* Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) 

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

4.  Headquarters, 67th Evacuation Hospital, General Orders Number 170, dated 
17 May 1968, provided by the applicant, show he was awarded the Purple Heart for wounds received in action on 13 May 1968.  These orders are not contained in his military personnel records.

5.  Headquarters, 2d Logistical Command, Special Orders Number 45, dated
17 February 1969, provided by the applicant and contained in his military personnel records, show he was promoted to the temporary rank of SP5.  The seventh digit of his SSN is listed correctly; however, the eighth digit is listed as "9."  

6.  The 412th Transportation Company, Unit Orders Number 23, dated 
27 February 1969, provided by the applicant, show he was temporarily appointed as an acting SGT.  The SSN listed on these orders is the same SSN as corrected by his DD Form 215 and that was used throughout his military service.  These orders are not contained in his military personnel records.

7.  Special Orders Number 157, dated 6 June 1969, show he was reassigned to the U.S. Army Transfer Station, Oakland, CA.  His rank in the standard name line is listed as "SP5."

8.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
(M-60) and the Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16).

10.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

13.  Army Regulation 624-200 (Appointment and Reduction of Enlisted Personnel) in effect at the time, provided guidelines for the appointment and termination of appointment of enlisted personnel.  The regulation states that the appointment of acting noncommissioned officers and the termination of such status will be announced in orders issued by the appointing authority.  Acting noncommissioned officers' status will be terminated upon reassignment to another unit.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states to enter in Item 5a the rank/pay grade in which serving at the time of separation, indicating whether permanent or temporary.  Enter in item 6 the date of rank for the grade shown in 5a.

DISCUSSION AND CONCLUSIONS:

1.  Orders confirm the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.  

2.  The evidence of record shows the eighth digit of his SSN on Special Orders Number 45 is incorrectly shown as "9" instead of "4."  However, the SSN on Unit Orders Number 23 is correct as constituted.  Therefore, he is entitled to correction of Special Orders Number 45 to show the correct SSN.

3.  Unit Orders Number 23, dated 27 February 1969, verify he was temporarily appointed as an acting SGT.  However, upon reassignment to  the transfer station, it appears his appointment was terminated as required by the cited regulation.  Therefore, his DD Form 214 showing his rank as SP5(T) is correct as constituted.

4.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 14 June 1967 to 6 June 1969 and correction of his 
DD Form 214 to show this award.

5.  His DA Form 20 verifies that he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The evidence also shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period June 1967 to 6 June 1969;

   b.  deleting from his DD Form 214 the Vietnam Service Medal;
   
   c.  adding to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)

   d.  correcting Special Orders Number 45, dated 17 February 1969 to show the eighth digit of his SSN as "4."





2.  The Board further determined that the evidence presented was 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 correcting his rank to SGT and Unit Orders Number 23.



      _______ _  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)                                         AR20120017921



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ABCMR Record of Proceedings (cont)                                         AR20120017921



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