IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130014253 


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) to show his rank/grade as sergeant (SGT)/E-5 and award of the Purple Heart.

2.  The applicant states the company clerk failed to list his correct rank and all his medals. 

3.  The applicant provides:

* DD Form 214
* DA Form 2962 (Security Termination Statement and Debriefing Certificate)
* memorandum, Office of the Adjutant General, dated 11 October 1970
* Bronze Star Medal Citation
* Army Commendation Medal Citation and Certificate

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 22 August 1968, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 76A (Supply Clerk). 

3.  His records show that Headquarters, 101st Airborne Division (Airmobile), Vietnam, issued:  

	a.  General Orders Number 12247, dated 20 September 1969, awarding him the Purple Heart for wounds he incurred on 4 September 1969.

	b.  Special Orders Number 89, dated 30 March 1970, promoting him to specialist five (SP5)/E-5 on 11 March 1970.

	c.  Special Orders Number 103, dated 13 April 1970, amending his promotion order listed above to read:  "SGT E5."

4.  There is no evidence that indicates the applicant was reduced during his term of service or any record of disciplinary action after the effective date of promotion.

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

* item 31 (Foreign Service) he served in the Republic of Vietnam (RVN)
9 August 1969 to 8 August 1970
* item 38 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Company (HHC), 1st Battalion (Airmobile), 501st Infantry, from 20 August to 17 September 1969
* Company D, from 18 September 1969 to 21 April 1970
* HHC, from 22 April to 26 June 1970
* Company D, from 27 June to 4 August 1970

6.  The applicant's DD Form 214 shows that he was honorably released from active duty on 8 August 1970.  His rank is shown as "SP5" pay grade E-5 with a date of rank of 11 March 1970.



7.  In addition, his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal (shown as "SM")
* two Overseas Service Bars
* Army Commendation Medal
* Bronze Star Medal
* Army Good Conduct Medal

8.  The applicant provides a DA Form 2962 and a memorandum which both show his pay grade as SGT/E-5.  He also provides copies of his Bronze Star Medal and Army Commendation Medal Citations.  These awards are currently recorded on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 501st Infantry was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation by Department of Army General Orders (DAGO) Number 8, dated 1974.
	
	b.  RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO 48, dated 1971, for the period 18 March 1968 to 2 May 1970.

10.   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 Vietnam Service Medal.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Summer-Fall (9 June 1969 to 31 October 1969)
* Vietnam Winter-Spring (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed that separation documents were to be prepared for Soldiers at retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the 
DD Form 214.  Section 2-7 specifically stated to enter the grade and pay grade at time of separation.  Further, enter the date of rank for the grade shown.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his rank/grade as SGT/E-5 and award of the Purple Heart.

2.  General orders awarded the applicant the Purple Heart.

3.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the Vietnam Service Medal.

4.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment.  

5.  His record contains official orders announcing his promotion to SGT/E-5 prior to his release from active duty.  Therefore, it would be appropriate to correct his record.

6.  In view of the above, his DD Form 214 should be corrected to show his correct pay grade and additional awards.

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:

	a.  deleting the entry in Item 5a of his DD Form 214 and adding the entry "SGT";

	b.  deleting the entry "SM" from his awards; and
	c.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



      _____________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)                                         AR20130014253





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ABCMR Record of Proceedings (cont)                                         AR20130014253



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