IN THE CASE OF:	  

		BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130011704 


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 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Bronze Star Medal with "V" Device           (2nd Award)
* Item 14 (Military Education), completion of Special Forces Training

2.  The applicant states he earned them. 

3.  The applicant provides:

* DD Forms 4 (Enlistment Contract), dated 9 May 1969 and 14 May 1970
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 214, dated 30 September 1991

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's records show he was inducted into the Army of the United States on 6 May 1969.  He enlisted in the Regular Army on 9 May 1969 and was initially trained in and held military occupational specialty 11C (Indirect Fire Infantryman).  

3.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed 19 weeks of Special Forces Training in 1970. 

4.  He served in Vietnam from 7 August 1970 to 8 March 1972.  He was assigned to the U.S. Army Training Advisory Group.  Headquarters, U.S. Army Vietnam published the following General Orders (GO):

* GO Number 2015, on 11 June 1971, awarded him the Bronze Star Medal with "V" Device for heroism on 3 April 1971
* GO Number 3357, on 28 November 1971, awarded him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 8 September 1971

5.  On 15 January 1971, Headquarters, U.S. Army Vietnam authorized him to accept and wear the Vietnamese Jump Wings (Honorary). 

6.  On 14 May 1974, the U.S. Army Total Personnel Command authorized him to accept and wear the German Parachutist Badge in Silver.  

7.  He attended and successfully completed the 16-week Operations and Intelligence Course at the U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC, from 9 January 1983 to 3 May 1983.  

8.  On 11 January 1984, Headquarters, U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC, awarded him the Special Forces Tab.  

9.  He retired on 30 September 1991.  

10.  His 1991 DD Form 214 shows in item 13: 

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* Bronze Star Medal (1st Oak Leaf Cluster (OLC))
* Meritorious Service Medal (1st OLC)
* Good Conduct Medal (7th Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citations
* Army Commendation Medal
* Army Achievement Medal (1st OLC)
* Purple Heart (2nd Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon with Number 3
* Overseas Service Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* three overseas service bars
* Master Parachutist Badge
* Special Forces Tab
* Combat Infantryman Badge

11.  His 1991 DD Form 214 shows in item 14: 

* Pioneer, 8 weeks, 1969
* Basic Airborne Training, 3 weeks, 1969
* Combat Reconnaissance Team Leader, 4 weeks, 1971
* NCO Academy, 4 weeks, 1973
* Jumpmaster Course, 2 weeks, 1974
* MAP-TOE, 2 weeks, 1975
* Advanced NCO Education System, 10 weeks, 1979
* Battalion Management Training System (BTMS) 1 week, 1981
* Special Forces Operations Intelligence Course, 16 weeks, 1983

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 13 shows all awards and decorations and is obtained from the Soldier's records.  Item 14 shows the Soldier's military education and is obtained from the records; it shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two awards of the Bronze Star Medal with "V" Device.  It appears when his DD Form 214 was processed it inadvertently omitted the "V" Device.  Therefore, he should be entitled to correction of his 1991 DD Form 214 to show the Bronze Star Medal with "V" Device (2nd Award)

2.  The applicant was authorized to accept and wear the Vietnamese Jump Wings (Honorary) and the German Parachutist Badge in Silver.  Neither foreign award is shown on his DD Form 214.  Therefore, he is entitled to correction of his 1991 DD Form 214 to show both awards. 

3.  The applicant completed 19 weeks of Special Forces Training in 1970.  Although this training was not completed during the period covered by the DD Form 214 (July 1977 through September 1991), since the applicant retired and since his DD Form 214 included other training outside the period covered by the DD Form 214, there is no harm if this training course is added to 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:

* deleting from item 13 of his 1991 DD Form 214 the Bronze Star Medal (1st OLC) and adding the Bronze Star Medal with "V" Device (2nd Award), Vietnamese Jump Wings (Honorary), and German Parachutist Badge (Silver)








* adding to item 14 of his 1999 DD Form 214 the entry "Special Forces Training, 19 weeks, 1970"



      _______ _   _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)                                         AR20130011704





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ABCMR Record of Proceedings (cont)                                         AR20130011704



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