IN THE CASE OF:  

	BOARD DATE:  28 May 2013

	DOCKET NUMBER:  AR20120019471


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), for the period ending 15 November 1977, as follows:

   a. amend item 6a (Grade, Rate or Rank) and item 6b (Pay Grade) to show he was discharged in the rank/grade of first sergeant (1SG)/E-8;

   b. amend item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the:

* Silver Star (2nd Award)
* Bronze Star Medal (2nd Award with "V" Device)
* Expert Infantryman Badge
* Master Parachutist Badge
* Ranger Tab
* Jungle Expert Patch

   c. amend item 27 (Remarks) to show he completed the U.S. Army Ranger Course and the Jungle Warfare Training Course.

2.  The applicant states the information was omitted due to oversight.

3.  The applicant provides:

* DD Form 214
* a letter from the National Personnel Records Center, St. Louis, MO, dated 17 August 2012
* DA Form 48-A (Jungle Operations Course Certificate), School of the Americas, Fort Gulick, Panama Canal Zone, dated 25 August 1967
* DA Form 4980-5 (Bronze Star Medal Certificate), dated 25 March 1996
* DA Form 4980-4 (Silver Star Certificate), dated 27 June 1976
* DA Form 4980-4, dated 10 May 1976

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.  On 20 September 1963, the applicant enlisted in the Regular Army.  

3.  His record shows he held military occupational specialties 11B (Light Weapons Infantryman) and 31G (Tactical Communications Specialist).    

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Vietnam on 2 occasions: 

* from on or about 8 July 1965 through on or about 14 June 1966
* from on or about 14 February 1968 through on or about 10 July 1968

5.  On 27 May 1973, he was promoted to the rank/grade of sergeant first class (SFC)/E-7.

6.  On 31 July 1975, he was reassigned to Fort Jackson, SC.  

7.  On 15 November 1977, he was discharged from the Army.  His DD Form 214 contains the following entries:

a. item 6a and 6b show he was discharged in the rank/grade of SFC/E7

b. item 26 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Basic Parachutist Badge
* Pathfinder Badge
* Army Good Conduct Medal (1st Award)
* Army Good Conduct Medal (2nd Award)
* "VVC" (Presumably Vietnam Campaign Medal)
* "RVNGOGWBSM" (Presumably Republic of Vietnam Cross of Gallantry with Bronze Star)
* 3 overseas service bars

   c. item 27 does not show he completed either the U.S. Army Ranger Course or the Jungle Warfare Training Course.

8.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed:

* the Jungle Operations Course, at Fort Bragg, NC, in 1967
* the U.S. Army Ranger Course, conducted at the U.S. Army Infantry School, Fort Benning, GA, in 1969

9.  On 15 May 1978, a DD Form 215 (Correction to DD Form 214) was issued, which corrected his 15 November 1977 DD Form 214.  This DD Form 215 deleted from item 26 the "VVC," the Army Good Conduct Medal (1st Award), and the Army Good Conduct Medal (2nd Award).  Additionally, it added to item 26 the:

* Silver Star
* Meritorious Service Medal
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal (4th Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Infantryman Badge
* Drill Sergeant Identification Badge

10.  His record is void of any documentation that shows:

* he was promoted to the rank/grade of 1SG/E-8
* he was awarded or authorized  the Master Parachutist Badge or the Ranger Tab

11.  He provides:

   a. Two Silver Star certificates dated 10 May 1976 and 27 June 1976, which show he was awarded the Silver Star for heroism in the Republic of Vietnam, during the period 29 June 1966 to 4 July 1966.  Both certificates were issued by The Adjutant General; one certificate is dated 10 May 1976, the other certificate is dated 27 June 1976, and both certificates appear to document the same action.

   b. A Bronze Star Medal certificate dated 25 March 1996 that appears to show he was awarded the Bronze Star with "V" Device, for heroism in the Republic of Vietnam, during the period 15 March 1968 to 16 March 1968.  However, his record does not contain the corresponding general orders.

   c. A Jungle Operations Course certificate from the School of the Americas, Fort Gulick, Panama Canal Zone, dated 25 August 1967 that shows he completed the Jungle Operations Course on 25 August 1967.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

   b. The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
   d. The Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.

   e. The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  

   f. The Jungle Expert Patch is not listed as an authorized or approved award. 
Jungle Warfare Training Courses are conducted by brigade and division-level units throughout the Army as local training courses in combat skills.  The shoulder sleeve insignia or tab awarded upon completion of this course is awarded in accordance with local polices governing this training course.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The information entered on the form should be complete and accurate.  The version in effect at the time stated:

   a. Items 6a and 6b of the DD Form 214 will reflect the separating Soldier’s grade and pay grade at the time of separation.

   b. Item 26 of the DD Form 214 will reflect the decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.  

   c. Item 27 of the DD Form 214 will reflect entries required or authorized by Headquarters, Department of the Army (HQDA) for which a separate item is not available on the form, and for completing entries that are too long for their respective blocks.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to show:

* he was discharged in the rank/grade of 1SG/E-8
* he was awarded or authorized the Silver Star (2nd Award), the Bronze Star Medal (2nd Award with "V" Device), the Master Parachutist Badge, the Ranger Tab, and the Jungle Expert Patch
* he completed the U.S. Army Ranger Course and the Jungle Warfare Training Course

2.  The evidence of record shows he completed the U.S. Army Ranger Course and the Jungle Warfare Training Course.  Therefore, it would be appropriate to amend his DD Form 214 to show them.  Additionally, based on his completion of the Ranger Course, it is accepted that he was awarded the Ranger Tab, and it would be appropriate to amend his DD Form 214 to show it.

3.  With respect to his rank/grade at the time of his discharge, the evidence of record does not show he was promoted above the rank of SFC/E-7.  Therefore, barring evidence to the contrary, there is no basis to grant this portion of the requested relief.

4.  With respect to his request for correction of his 214 to show a second award of the Silver Star and the Bronze Star Medal:

   a. The evidence of record shows he was issued a DD Form 215 on 15 May 1978 which amended his DD Form 214 to show he was awarded a single award of the Silver Star.  He submitted two Silver Star certificates; however, both certificates appear to document the same action.  The governing Army regulation states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service; therefore, there appears to be no basis to grant this portion of the requested relief.

   b. The evidence of record shows he was awarded the Bronze Star Medal, and that award is properly annotated on his DD Form 214.  He submitted a certificate that shows he was awarded the Bronze Star Medal with "V" Device; however, the certificate lacked the corresponding permanent orders, which are required by regulation to justify its addition to the DD Form 214.  Barring further evidence, such as a copy of the general orders issued with the Bronze Star Medal certificate, there is an insufficient basis to grant this portion of the requested relief. 

5.  The evidence of record does not show he was awarded or authorized the Master Parachutist Badge; therefore, barring evidence to the contrary, there is no basis to grant this portion of the requested relief.

6.  His contention that his DD Form 214 should be amended to show he was awarded or authorized the Jungle Expert Patch is acknowledged; however, the Jungle Expert Patch is not listed as an authorized award in governing Army Regulation.  Therefore, there is no basis for amending his DD Form 214 to add the Jungle Expert Patch.

7.  As for the Expert Infantryman Badge, the applicant was issued a 
DD Form 215 that shows on 15 May 1978, his DD Form 214 was corrected to add the Expert Infantryman Badge, among other awards.  The applicant was provided with a copy of this form by separate correspondence.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* amending item 26 of his DD Form 214 to add the Ranger Tab
* amending item 27 of his DD Form 214 to show he completed the:

* Jungle Operations Course, 2 weeks, 1967
* U.S. Army Ranger Course, 8 weeks, 1969

2.  The Board further determined 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 amending item 26 of his DD Form 214 to add the Silver Star (2nd Award), the Bronze Star Medal (2nd Award with "V" Device), the Master Parachutist Badge, and the Jungle Expert Patch or amending his DD Form 214 to show his rank as 1SG.



      ____________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)                                         AR20080000019



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ABCMR Record of Proceedings (cont)                                         AR20120019471



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