IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20120021943 


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 Transfer of Discharge) to accurately reflect his awards and formal training.

2.  The applicant states he is submitting documents to substantiate the needed corrections.

3.  The applicant provides copies of his DD Form 214 and documents relating to:

   a.  Training – certificates for:

* Reconnaissance Team Leaders Course 
* Airborne Course
* Communications 05B Training Course
* Special Forces Advanced Enlisted Course

	b.  Awards – orders, certificates and/or citations for:

* Combat Infantryman Badge 
* Air Medal
* Army Commendation Medal
* Bronze Star Medal


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 15 October 1968, the applicant enlisted in the Regular Army.  He completed training as an infantryman, paratrooper, and a Special Forces radioman and was assigned to Vietnam. 

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 27 (Military Education) Radio Operator (Special Forces), 23 weeks;

	b.  item 28 (Specialized Training) – Basic Airborne, Reconnaissance Team Leader;

	c.  item 29 (Qualification in Arms) – M14 Rifle-Expert, M60 Machinegun-Sharpshooter, M16 Rifle-Expert;

	d.  item 38 (Record of Assignments) – service in Vietnam with Special Operations Augmentation (SOA), Command and Control Center (CCC), 5th Special Forces Group from 15 January 1970 to 23 February 1971 and with U.S. Army Vietnam, Training Advisory Group, (CCC) from 24 February through 15 August 1971; and exclusively “excellent” conduct and efficiency ratings throughout his period of active duty service; and

	e.  item 40 (Awards and Decorations) – National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Army Commendation Medal, three Overseas Service Bars, and marksmanship badges for the M14, M60, and M16.

4.  Additionally the applicant's service record contains copies of:
* Headquarters, 5th Special Forces Group, General Orders Number 2347, dated 30 November 1970, awarding him the Bronze Star Medal for the period January 1970 to January 1971
* Headquarters, United States Army, Vietnam, General Orders Number 2264-345, dated 29 June 1971, awarding him the Air Medal
* Headquarters, United States Army, Vietnam, General Orders Number 2264, dated 29 July 1971, awarding him the Army Commendation Medal for the period January 1971 to August 1971
* U.S. Army Vietnam, Training Support Headquarters, Special Orders Number 78, dated 24 May 1971 awarding him the Combat Infantryman Badge 
 
5.  The applicant was honorably released from active duty on 17 September 1971 and transferred to the U.S. Army Reserve as a sergeant.  His DD Form 214 shows:

	a.  his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960); and

	b.  at item 25 (Education and Training Completed) "None."

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

7.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's service in Vietnam correlates with the following three campaign periods:

* Sanctuary Counteroffensive – 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970 - 30 June 1971
* Consolidation I – 1 July - 30 November 1971
8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the Special Operations Augmentation (SOA), Command and Control Center (CCC), 5th Special Forces Group was authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1968 through 24 September 1970 by Department of the Army General Order (DAGO) Number 48 of 1971 and that Headquarters, U.S. Army Vietnam and subordinate units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 
28 March 1973 by DAGO Number 8 of 1974.

9.  Army Regulation 635-5 (Personnel Separations-Separations) provides guidance for completing the DD Form 214.  For item 25 it states for enlisted personnel to, "enter installation training courses (qualification courses), military training correspondence courses and off-duty courses…"  completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to accurately reflect his awards and training courses. 

2.  The applicant's exclusively “excellent” conduct and efficiency ratings, offense free record, and progression to pay grade E-5 indicate that, notwithstanding the absence of a commander's recommendation, he should be awarded the Army Good Conduct Medal.

3.  The available documentation shows that in addition to the awards already entered on his DD Form 214 the applicant was awarded or authorized the Bronze Star Medal, Air Medal, Army Commendation Medal, three bronze service stars for award on the already-authorized Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  These should be added to his DD Form 214.

4.  The available evidence shows he completed the Reconnaissance Team Leaders Course, Airborne Course, Communications 05B Training course, and Special Forces Advanced Enlisted Course.  They should be shown on his DD Form 214.



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.  Awarding him the Army Good Conduct Medal (1st Award) for the period 
15 October 1968 - 17 September 1971;

	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* three bronze service stars for wear on the already-authorized Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar

 	c.  and by showing in item 27 that he completed the:

* Reconnaissance Team Leaders Course
* Airborne Course





* Communications 05B Training Course, 
* Special Forces Advanced Enlisted Course





      _______ _   _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)                                         AR20120021943



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ABCMR Record of Proceedings (cont)                                         AR20120021943



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