BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20130003304 


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 

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* he attended the Noncommissioned Officer (NCO) Academy
* he completed Advanced Individual Training (AIT) for military occupational specialty (MOS) 11E (Armor Crewman)
* he held MOS 11E 
* the related civilian occupation for his MOS
* he completed high school
* the 7 months he served in Germany
* his rank/grade as sergeant (SGT)/E-5
* unit and individual awards given to him in Germany

	b.  information pertaining to the prosecution of a sergeant first class 
(SFC)/E-7 who allegedly sexually molested him.

2.  He states:

* his time spent in Germany is not shown
* his pay grade is inaccurate
* he was overseas for a total of 19 months
* the 11E school is not shown
* no unit citations or ribbons from Germany are shown
3.  He also states sometime in September 1967 he was drugged and sexually molested by an SFC after which he was promptly sent to Vietnam, where he was placed in the infantry in combat for almost 12 months.  Post-traumatic stress disorder and memories of the sexual assault left him mentally imbalanced for the rest of his life.  He is trying to find out why the military seemingly covered this up and refused to show his record of time spent in Germany.  He wants to know if the SFC who did this to him was prosecuted.  It took 44 years before he could begin to speak about it and come to grips with it.  

4.  The applicant provides his 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 has requested information regarding whether or not an NCO was prosecuted.  Obtaining and providing such information is not within the purview of the ABCMR; however, the applicant may submit a request to the National Personnel Records Center (NPRC) under the Freedom of Information Act (FOIA) using a Standard Form 180 (Request Pertaining to Military Records).  The request must include sufficient information for NPRC staff to identify the individual and locate his records.  The applicant should note that submitting a request is not a guarantee that NPRC will be able to release any information under FOIA.  Requests may be submitted to:  National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138.  This matter will not be addressed further in these proceedings.

3.  On 29 December 1966, the applicant enlisted in the Regular Army for a period of 3 years.  He completed basic combat training, and on 12 May 1967, he completed AIT and he was awarded MOS 11E.  



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

	a.  item 22 (Military Occupational Specialties) –

* on 1 July 1968, he was awarded MOS 11B (Light Weapons Infantryman) 
* on 22 September 1969, 11B was designated as his primary MOS and 11E was designated as his secondary MOS

	b.  item 28 (Specialized Training), in a partially illegible entry, he completed his 8-week AIT on 12 May 1967; 

	c.  item 31 (Foreign Service), he served in – 

* Germany from 1 June through 28 October 1967 (3 months and 28 days)
* Vietnam from 9 January 1968 through 6 January 1969 (11 months and 28 days)

	d.  item 32 (Civilian Education), he completed his 12th year of education in 1966;

	e.  item 33 (Appointments and Reductions) – 

* temporary promotion to specialist four (SP4)/E-4 on 1 July 1968
* temporary promotion to SGT/E-5 on 11 November 1968
* permanent promotion to SP4/E-4 on 22 September 1969

	f.  item 38 (Record of Assignments) – 

* he completed his AIT at Fort Knox, KY
* he was assigned to duty in Germany with Company A, 1st Battalion, 33rd Armor, from 9 June to 27 October 1967

	g.  item 38 he was assigned to duty in Vietnam with –

* Headquarters and Headquarters Company, 1st Battalion (Mechanized), 50th Infantry, from 16 January to 15 June 1968
* Medical Holding Detachment, 106th General Hospital, from 1 October to 19 November 1968
* Company C, 1st Battalion (Mechanized), 50th Infantry, from 16 June to 30 September 1968 and from 20 November 1968 to 5 January 1969

	h.  item 44 (Time Lost), he was absent without leave for 9 days during the period 15 to 23 April 1969.

5.  A Certificate of Training shows he completed the 2-week Leader Preparation Course at the First United States Army NCO Academy, Fort Knox, KY, on 17 March 1967.

6.  On 12 January 1970, he was honorably released from active duty after completing 3 years and 14 days of total active service with 9 days of time lost.  His DD Form 214 shows in:

* item 5a (Grade, Rate, or Rank) – "SP-4 (P)"
* item 5b (Pay Grade) – "E-4"
* item 6 (Date of Rank) – "22 Sep 69"
* item 22c (Foreign and/or Sea Service) – "USARPAC [U.S. Army Pacific]" and "0  11  14"
* item 23a (Specialty Number and Title) – "11B20 Light Wpns Infantryman"
* item 23b (Related Civilian Occupation and D.O.T. (Dictionary of Occupational Titles) Number) – "None"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Purple Heart
* Expert Marksmanship Qualification Badge with Pistol Bar
* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

* item 30 (Remarks), in part – "Highest civilian educational level attained:  High School - 12th Grade"

7.  His record is void of documentation showing he received any individual awards during his service in Germany or that he served in a unit in Germany during a period for which the unit was cited for an award.

8.  His record is void of documentation showing he was reduced from the temporary rank/grade of SGT/E-5.  

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 50th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 5 April 1968 to 6 October 1969, by Department of the Army General Order Number 51, dated 1971.

11.  Army Regulation 635-5 (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.  The version in effect at the time stated for:

	a.  item 5a, enter the grade in which serving at time of separation, indicating whether permanent or temporary; 

	b.  item 5b, enter pay grade; 

	c.  item 6, enter the date of rank for the grade shown in item 5a; 

	d.  item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed; 

	e.  item 23a, enter the primary MOS code number and title;

	f.  item 23b, If the specialty presented by the MOS has a related civilian occupation, enter the appropriate job title and number from the DOT; if not applicable, enter "NA";

	g.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized; 

	h.  for item 25, enter the installation training courses (qualification courses), military correspondence courses, and off-duty courses an enlisted member successfully completed during the period covered by the DD Form 214; and

	i.  for item 30, from the DA Form 20, enter the highest civilian education level attained as the first entry in this block when not adequately covered in block 25. 

12.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the enlisted MOS classification structure of the U.S. Army.  It described the duties, skills, and knowledge required for each MOS.  It does not list DOT classifications and codes for MOS 11B.

13.  Army Regulation 635-200 (Enlisted Personnel Management), in effect at the time, provided the rules and procedures for the promotion and reduction of enlisted personnel.  

	a.  The regulation provided for the temporary promotion of Soldiers against periodic temporary promotion quotas.  Eligible Soldiers could be given temporary promotions to SGT/E-5 based on the quotas and other factors.

	b.  Promotion to permanent grades was based on time in grade and time in service and occurred automatically without regard to any temporary grade held.  If the Soldier held a higher temporary grade, promotion to a lower permanent grade did not affect the temporary grade.  

	c.  The regulation required the publication of orders announcing grade reductions.  

DISCUSSION AND CONCLUSIONS:

1.  The regulation governing preparation of the DD Form 214 specified that items 5a and 5b would show the grade and pay grade in which an individual was serving at the time of separation.  The applicant held the temporary grade of SGT/E-5 beginning on 11 November 1968, and there is no evidence indicating he was reduced from this temporary grade.  It appears his permanent grade of SP4/E-4 was entered on his DD Form 214 in error.  It would be appropriate to correct his DD Form 214 to show he held the temporary rank/grade of SGT/E-5 and the associated date of rank. 

2.  The regulation governing preparation of the DD Form 214 stated the primary MOS code number and title were to be entered in item 23a.  His record shows he held primary MOS 11B at the time of his separation, and this MOS is properly recorded on his DD Form 214.  As such, there is no basis for correcting his DD Form 214 to show he held MOS 11E.  There was no related civilian occupation or DOT number for MOS 11B.  Item 23b accurately shows "None."  

3.  He requests correction of his DD Form 214 to show he completed high school.  This information is recorded in item 30 of his DD Form 214 in accordance with the governing regulation.  As such, no correction is required.

4.  Item 22c of his DD Form 214 accurately reflects his service in USARPAC; however, the entry does not include his 3 months and 28 days of service in Germany.  There is no evidence he served in Germany for the 7 months he claims.  His total foreign service is:

					  3 months		28 days (Germany)
	+				11 months		28 days (Vietnam)
		1 year		  3 months		26 days

His DD Form 214 should be corrected to show his total foreign service.

5.  He completed the 8-week Armor Crewman Course and the 2-week Leader Preparation Course in 1967.  It would be appropriate to amend item 25 of his 
DD Form 214 to show he completed this training.

6.  The available records do not show he was authorized unit or individual awards for service in Germany; however, his record does show he is entitled to additional awards and decorations for his service in Vietnam. 

	a.  He participated in five campaigns during his service in Vietnam which entitles him to a silver service star for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show the silver service star.

	b.  He served in the 1st Battalion, 50th Infantry, during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.









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 amending his DD Form 214 as follows:

	a.  replace the entry in:

* item 5a with "SGT (T)"
* item 5b with "E-5"
* item 6 with "11 November 1968"
* item 22c with "1  03  26"

	b.  delete the VSM from item 24; 

	c.  add to item 24 – 

* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation

	d.  replace the entry in item 25 with – 

* Armor Crewman Course, 8 weeks, 1967
* Leader Preparation Course, 2 weeks, 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 to completion of high school, MOS with related civilian occupation, 7 months of service in Germany, and awards received in Germany.  



      _______ _   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)                                         AR20130003304





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ABCMR Record of Proceedings (cont)                                         AR20130003304



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