IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021101 


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 the Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), and to show the following military training courses:

* Airborne Course
* Special Forces Qualification Course
* Summer Operations in Northern Areas Course
* Noncommissioned Officer (NCO) Garrison Course

2.  The applicant states the orders for the ARCOM and the BSM reached him by mail after being discharged.  The schools and training were left out by clerical error because there was much haste and the processors were just pushing them right through.  His military occupational specialty (MOS) is correctly listed on his DD Form 214 as 11B4S (Light Weapons Infantryman/Special Forces) and the Parachutist Badge is also listed on his DD Form 214 but they neglected to list either of the courses on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* one page of his DA Form 2-1 (Personnel Qualification Record - Part II)
* NCO Garrison Course Certificate
* Summer Operations in Northern Areas Course Certificate 
* U.S. Army Special Forces Training Group (Airborne) Course Certificate
* Special Forces Weapons Training Certificate 
* MOS orders
* hazardous duty orders
* Basic Airborne Course Certificate 
* orders for the ARCOM and BSM

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 was inducted into the Army of the United States on 5 July 1966. On 30 November 1967, he enlisted in the Regular Army for 3 years.  

3.  General Orders Number 2296, dated 26 August 1970, awarded him the BSM for meritorious achievement during the period 22 November 1969 to 3 August 1970.  The orders show his unit of assignment as Company B, 1st Battalion, 503rd Infantry.  

4.  He was released from active duty on 31 August 1970.  His DD Form 214 shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Vietnam Service Medal 
* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Air Medal
* one overseas service bar

	b.  item 25 (Education and Training) - he completed the U.S. Army Engineer Powerman Course; and

	c.  item 30 (Remarks) - he served in Vietnam from 27 November 1969 to 
31 August 1970.

5.  General Orders Number 2362, dated 3 September 1970, awarded him the ARCOM for meritorious service during the period August 1969 to August 1970.  The orders show his unit of assignment as Company B, 1st Battalion, 503rd Infantry.

6.  He provides training certificates that show he completed the following courses on the dates indicated:

* Basic Airborne Course on 10 May 1968
* Special Forces Weapons (11B) Course on 7 February 1969
* U.S. Army Special Forces Training Group (Airborne) Course on 14 March 1969
* NCO Garrison Course on 7 June 1969
* Summer Operations in Northern Areas Course on 2 July 1969

7.  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 provided for:

	a.  item 24 - enter 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; and

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


8.  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 Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  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 that during his assignment to the 1st Battalion, 503rd Infantry, this unit was cited for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the BSM and the ARCOM during the period covered by his DD Form 214.  Therefore, these awards should be added to his DD Form 214.  

2.  He provides evidence indicating he completed the Basic Airborne Course, Special Forces Weapons (11B) Course, U.S. Army Special Forces Training Group (Airborne) Course, NCO Garrison Course, and the Summer Operations in Northern Areas Course during the period covered by his DD Form 214.  Therefore, these courses should be added to his DD Form 214.

3.  He participated in three campaigns during his service in Vietnam; therefore, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

4.  His unit in Vietnam was cited in general orders for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit 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 Vietnam Service Medal from item 24 of his DD Form 214;

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, the Army Commendation Medal and Vietnam Service Medal with three bronze service stars; and 

	c.  adding to item 25 of his DD Form 214 the:

* Basic Airborne Course
* Special Forces Weapons (11B) Course
* U.S. Army Special Forces Training Group (Airborne) Course
* Noncommissioned Officer Garrison Course
* Summer Operations in Northern Areas Course



      ___________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)                                         AR20130021101



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ABCMR Record of Proceedings (cont)                                         AR20130021101



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