IN THE CASE OF:	  

		BOARD DATE:	    4 March 2014

		DOCKET NUMBER:  AR20130010204 


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 records to show award of the Special Forces Tab.

2.  He states the award of the Special Forces Tab was authorized after his discharge and is retroactive to his time in service.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 7 January 1969 through 10 February 1971
* DD Form 214 (Report of Separation from Active Duty) for the period 11 February 1971 through 10 February 1975

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 7 January 1969.  He completed training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  His record contains a U.S. Army Medical Field Service School, Brooke Army Medical Center, Fort Sam Houston, TX, Certificate of Training, dated 5 December 1969, which shows he successfully completed the mandatory training in Emergency Medical Care during the period 13 October to 19 December 1969 as a student in the Special Forces Aidman (Airborne) Course.

4.  His record contains U.S. Army John F. Kennedy Center for Military Assistance (currently known as the U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS)), Special Orders Number 133, dated 3 June 1970, which show the applicant was awarded special qualification identifier (SQI) "S" indicating he was Special Forces qualified.  As a result, his new MOS was 91B4S effective 29 May 1970.

5.  On 10 February 1971, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows in:

	a.  item 23a (Specialty Number and Title), his MOS as 91B4S.

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge

	c.  item 25 (Education and Training Completed), he completed the 42-week Medical Specialist (Special Forces) Course in 1970.

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

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from 5 April 1971 through 16 February 1972;

	b.  item 38 (Record of Assignments), he was assigned as a medical specialist and light weapons leader to the U.S. Army Vietnam Individual Training Group;

	c.  item 38, he served as a medical specialist (Special Forces) in duty MOS 91B4S from 11 August 1969 through at least 1 August 1973 when he was assigned to the Special Forces Schools Detachment, U.S. Army Institute for Military Assistance (currently known as USAJFKSWCS), as an instructor;

	d.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service; and

	e.  item 41 (Awards and Decorations), he was awarded the Army Good Conduct Medal (1st Award) for the period 7 January 1969 through 6 January 1972 by Headquarters, 5th Special Forces Group, General Orders Number 86, dated 1972.

7.  His DA Form 2 (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II) show his MOS as 91B4S.

8.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the second award of the Army Good Conduct Medal.

9.  On 10 February 1975, he was honorably discharged in the rank/grade of sergeant/E-5.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Iran Parachutist Badge
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

10.  Army Regulation 600-8-22 (Military Awards) states the Special Forces Tab may be awarded to any person for successful completion of USAJFKSWCS (previously known as the U.S. Army Institute for Military Assistance)-approved Active Army institutional training leading to Special Forces qualification.  Prior to 1 January 1988 the Special Forces Tab may be awarded to Soldiers who successfully completed the then-approved program of instruction for Special Forces qualification and who were subsequently awarded SQI "S" in MOS 91B by competent authority.

11.  Army Regulation 600-8-22 contains the regulatory guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II

12.  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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation in Department of the Army General Orders Number 32, dated 1973.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence clearly shows the applicant completed the requisite training for qualification as a Special Forces Medical Specialist, award of SQI "S," and award of the Special Forces Tab on 29 May 1970.  Therefore, he should be awarded the Special Forces Tab effective 29 May 1970 and his DD Form 214 should be corrected to show this tab.

3.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation.  Therefore, this unit award should be added to his DD Form 214.

5.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (2nd Award) for the period 7 January 1972 through 6 January 1975 and to correct 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 the evidence presented is 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 (2nd Award) for the period 7 January 1972 through 6 January 1975,

	b.  awarding him the Special Forces Tab effective 29 May 1970,

	c.  deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 10 February 1975, and

	d.  adding the following awards to his DD Form 214 for the period ending 10 February 1975:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* 
Meritorious Unit Commendation
* Special Forces Tab



      _____________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)                                         AR20130010204



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ABCMR Record of Proceedings (cont)                                         AR20130010204



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