IN THE CASE OF:	   

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011481 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 February 1984 by removing the following awards:

* Republic of Vietnam (RVN) Ranger Tab
* Distinguished Flying Cross (DFC)
* Air Medal (AM) with "V" Device
* Combat Medical Badge (CMB)
* Bronze Star Medal (BSM)
* Purple Heart (PH)
* RVN Parachutist Badge

2.  The applicant also requests, in effect, correction of his DD Form 214 to show he served three tours of duty in the RVN.

3.  The applicant states, in effect, he did not deserve the medals, badges, and RVN Ranger Tab listed above.  He contends that a staff sergeant in the unit personnel section gave him these awards.  He states he served three tours of duty in the RVN as a door gunner.  He wants to "get right" with God and himself.  A couple of years back he attempted to get this fixed and is now trying again.  He states he has never worn these medals and has never used them for any personal or financial gain.



4.  The applicant provides copies of:

* service medical records, dated between 8 February 1969 and 1 December 1983 (18 pages)
* Department of Veterans Affairs (VA) medical records/correspondence, dated between 3 August 1993 and 26 February 2013 (11 pages)
* letter from the National Personnel Records Center, dated 31 May 2013, with enclosure (applicant's letter, dated 30 March 2013) (6 pages)
* DD Form 214 for the period ending 7 May 1973 with DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record), block 38 (Record of Assignments) (1 page, mostly illegible)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of Florida), dated 1 July 1975
* DD Form 214N (Report of Separation from Active Duty), for the period ending 5 April 1978
* DA Form 2446 (Request for Orders), dated 29 April 1982
* State of Florida Certification of applicant's Army National Guard Service, dated 10 August 1982
* Statement of Service – Enlisted Personnel, Fort Bragg, NC, dated 17 August 1982
* DA Form 2-1 (Personnel Qualification Record – Part II) (pages 1 and 2)
* DD Form 214 for the period ending 1 February 1984

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.  A record copy of the applicant's DD Form 214 for the period ending 29 August 1967 indicates he enlisted on 4 November 1966 and was trained in military occupational specialty (MOS) 16D (Missile Crewman).  He was discharged after 9 months and 25 days for the purpose of immediate reenlistment.  This DD Form 214 shows his awards as the:

* National Defense Service Medal (NDSM)
* Basic Missileman Badge

3.  A record copy of the applicant's DD Form 214 for the period ending 7 May 1973 indicates:

	a.  he enlisted on 30 August 1967;

	b.  he received the following training:

* Hawk Missile Crewman Course, 8 weeks
* Operating Room Technician Course, 6 weeks
* Operating Room Technician Course Phase II, 6 weeks

	c.  he was awarded MOS 91D (Operating Room Specialist);

	d.  he served in the RVN from 29 February 1968 to 1 October 1969 and from 10 November 1970 to 15 November 1971;

	e.  he served in Indochina – Yes, Korea – No;

	f.  he was awarded or authorized the:

* NDSM
* Vietnam Service Medal (VSM) with eight bronze service stars
* RVN Campaign Medal with Device (1960)
* BSM
* AM with "V" Device (3rd Award)
* PH
* Army Good Conduct Medal (AGCM) (2nd Award)
* Aircraft Crewman Badge (ACB)
* RVN Gallantry Cross with Palm Unit Citation

	g.  he was released from active duty early to join a U.S. Army Reserve (USAR) unit.

4.  A record copy of the applicant's DD Form 214 for the period ending 1 February 1984 indicates:

	a.  he enlisted on 17 April 1981;

	b.  he received the following training:  Law Enforcement, 12 weeks;

	c.  he was awarded MOS 11B2G (Infantryman with ranger qualification), MOS 91B (Medical Specialist), and MOS 95C (Correctional Specialist); and

	d.  he was awarded or authorized the:

* AGCM (2nd Award)
* Overseas Service Ribbon (OSR)
* Army Service Ribbon (ASR)
* RVN Campaign Medal with Device (1960)
* RVN Ranger Tab
* DFC
* AM with "V" Device (3rd Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Gallantry Cross with Gold Star
* ACB
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars
* CMB
* Noncommissioned Officer Professional Development Ribbon (NPDR)
* Parachutist Badge
* Army Commendation Medal (ARCOM)
* NDSM
* BSM
* VSM with seven bronze service stars
* PH (3rd Award)
* RVN Parachutist Badge

5.  The applicant's DA Form 20 shows:

	a.  he completed the following two tours of duty in the RVN:

* 18 months from February 1968 to October 1969
* 12 months from November 1970 to November 1971

	b.  he participated in eight campaigns; and

	c.  he performed duty in the RVN as follows:

* 8 March-3 October 1968, Security Guard, 6th Battalion, 71st Artillery Regiment
* 4-6 October 1968, Duty Soldier, 79th Ordnance Detachment
* 7 October 1968-17 February 1969, Door Gunner, 189th Aviation Company
* 18 February-29 September 1969, Door Gunner, 170th Aviation Company
* 28 March-4 August 1971, Door Gunner, Company A, 227th Aviation Battalion
* 5 August-2 October 1971, Crew Chief, Company A, 227th Aviation Battalion
* 3 October-15 November 1971, Crew Chief, 3rd Aviation Company

6.  The applicant's DA Form 2-1 indicates:

	a.  in item 5 (Overseas Service) that he served overseas as follows:

* 2 January 1968-1 October 1969 (21 months) in the RVN
* 13 November 1970-10 November 1971 (12 months) in the RVN
* 20 December 1971-18 February 1972 (3 months) in Indochina

	b.  in item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the:

* ASR
* Parachutist Badge
* NDSM
* ARCOM
* BSM
* VSM with eight bronze service stars
* PH (3rd Award)
* RVN Parachutist Badge
* RVN Campaign Medal with Device (1960)
* RVN Ranger Tab
* DFC
* AM with "V" Device
* RVN Gallantry Cross with Palm Unit Citation
* RVN Gallantry Cross with Gold Star
* ACB
* OSR
* CMB
* NPDR
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars

	c.  in item 17 (Civilian Education and Military Schools) that he completed the:

* Medical Specialist Course (91B), 16 weeks, 1967
* Basic Airborne Course, 3 weeks, 1968
* RVN Jump School, 2 weeks, 1968
* RVN Ranger Training, 8 weeks, 1968
* Jungle Warfare Training, 3 weeks, 1968
* Operating Room Technician (91D) Course, 6 weeks, 1972
* Operating Room Technician Course Phase II, 6 weeks, 1972
* Noncommissioned Officer Academy, 4 weeks, 1972
* Law Enforcement (95C) Course, 12 weeks, 1981
* Special Forces Qualification Course, 17 weeks, 1982

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized as shown on the individual's DA Form 2-1 would be entered.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9, provides that the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 for the period ending 1 February 1984 should be corrected by removing the following awards:

* RVN Ranger Tab
* DFC
* AM with "V" Device
* CMB
* BSM
* PH
* RVN Parachutist Badge

2.  The applicant also contends that his DD Form 214 should be corrected to show he served three tours of duty in the RVN.

3.  The available evidence of record shows his DA Form 2-1 lists all of the awards identified by the applicant for removal from his DD Form 214.  Even though there are no copies of orders in his military records for any of the disputed awards, this does not necessarily mean the entries are erroneous or merit removal from his DD Form 214.  The applicant contends that a unit personnel section member gave him these awards.  Without documentary evidence to consider, a determination as to the validity of these awards cannot be made.  Therefore, it must be presumed that what the Army did in this case was correct.

4.  The available evidence shows that the applicant served in the RVN on two separate occasions for a total of about 33 months.  He also served a period of 3 months in Indochina.  The specific location was not recorded in his records.  Therefore, it cannot be determined whether this 3-month period was also served in the RVN.  There is no evidence of any other overseas service.

5.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20130011481



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ABCMR Record of Proceedings (cont)                                         AR20130011481



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