IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130010288 


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) as follows:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	b.  item 25 (Education and Training Completed) to show advance infantry (interpreted to mean the Light Weapons Infantryman course), food service, clerk, and food service distribution training; and

	c.  item 30 (Remarks) to show the entry "Education:  12 years, high school diploma."

2.  The applicant states he wants his DD Form 214 updated.

3.  The applicant provides:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* four identification cards
* photo of his advanced individual training (AIT) unit
* copy of his official Army photograph
* high school diploma


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 8 April 1969, prior to his induction into the Army, the applicant completed a DD Form 398 (Statement of Personal History) in which he indicated he had not completed high school.

3.  He was inducted into the Army on 8 April 1969 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training.  

4.  Special Orders Number 102, dated 21 May 1969, issued by First Basic Combat Training Brigade, Fort Ord, CA awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).  

5.  His DA Form 20 (Enlisted Qualification Record) is not available.

6.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he served in Vietnam from 12 October 1969 to 20 May 1970.  Item 
17 (Civilian Education and Military Schools) shows he completed the High School General Educational Development (GED) test in 1970.  

7.  Special Orders Number 266, dated 23 September 1970, issued by U.S. Army Training Center, Infantry, Fort Ord, CA awarded him MOS 94B (Cook) as his primary MOS.  

8.  He was released from active duty on 7 April 1971 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows in:




a. item 24:  

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter (Rifle)

	b.  item 25, the entry "Basic Combat Training"

	c.  item 30, the entry "Education:  10 years General"

9.  He served in the USAR until he was transferred to the Retired Reserve in 1994.  

10.  There is no evidence in his available records indicating he completed food service, clerk, and/or the food service distribution training during his period of active duty service.

11.  A Certificate of Training indicates he completed the Food Service Specialist course on 5 May 1985.  

12.  He provides a high school diploma that shows he was presented the diploma on 21 June 1968. 

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 

14.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.


15.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation in effect at the time provided that for:

	a.  item 24, enter from the DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized;

	b.  item 25, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  This entry includes the highest civilian education level acquired during this period of military service, if appropriate; and

	c.  item 30, this section will be used to complete entries too long for their respective blocks.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.  

2.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  This badge should be added to his DD Form 214.

3.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should be added to his DD Form 214.  

4.  He provided a high school diploma indicating he obtained the diploma in 1968.  However, he completed a DD Form 398 on 8 April 1969 and indicated he had not completed high school.  His DA Form 2-1 indicates he successfully completed the high school GED in 1970.  Based on this information, which clearly shows a conflict in dates and types of education completed, the high school diploma is insufficient evidence on which to base correcting his DD Form 214 to show he completed 12 years of education.  However, his DD Form 214 should be corrected to show he obtained the High School GED in 1970, as shown in his official military records.  

5.  Evidence shows he was awarded MOS 11B indicating he completed the Light Weapons Infantryman course.  Therefore, it would be appropriate to add this course to item 25 of his DD Form 214.  

6.  There is no evidence in his available military records, and he provided none, that show he completed food service, clerk, and/or the food service distribution trainings during his period of active duty service.  Therefore, this portion of his request should be denied.  

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  deleting from item 30 of his DD Form 214 the entry "Education:  10 Years General";

	c.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14);

	d.  adding to item 25 of his DD Form 214 the entry "Education:  High School Equivalency General Education Development (GED) Test, 1970" and the entry "Light Weapons Infantryman course."


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 correcting his DD Form 214 to show he completed 12 years of education and correcting his DD Form 214 to show he completed food service, clerk, and/or the food service distribution training.




      _______ _  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)                                         AR20130010288



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ABCMR Record of Proceedings (cont)                                         AR20130010288



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