IN THE CASE OF:    

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140002686 


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 two awards of the Army Commendation Medal, a Letter of Commendation, and to show he completed the High School General Educational Development (GED) test during his active duty service.

2.  The applicant states he was in-transit often and his records did not get submitted. 

3.  The applicant provides a DD Form 214; Headquarters (HQ), 18th Military Police (MP) General Orders Number 676, dated 28 August 1968; citation and certificate for the Army Commendation Medal; DA Form 669 (GED Individual Record); two Military Test Reports; Honorable Discharge Certificate; Letter of Commendation; and a Department of Veterans Affairs Application for Disability Compensation.

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 enlisted in the Regular Army on 30 September 1965.

3.  Special Orders Number 330 issued by HQ, U.S. Army Training Center, Fort Leonard Wood, MO, dated 26 November 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 21 April 1966 to 20 April 1967 and from 27 February 1968 to 20 September 1968.  It also shows he was assigned to the 1st MP Company during his first tour of duty in Vietnam and to the 716th MP Battalion during his second tour of duty in Vietnam.

5.  HQ, 1st Infantry Division General Orders Number 2161, dated 6 April 1967, awarded him the Army Commendation Medal for meritorious service during the period May 1966 to March 1967.

6.  HQ, Seventh Army Support Command, Special Orders Number 163, dated 
24 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  

7.  HQ, 18th MP General Orders Number 676, dated 28 August 1968, awarded him the Army Commendation Medal for meritorious service during the period March-September 1968.

8.  He was honorably released from active duty on 21 September 1968.  His 
DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

9.  His DD Form 214 shows in item 25 (Education and Training Complete) the entry "None" and in item 30 (Remarks) the entry "CIVILIAN EDUCATION:  
10 YEARS."

10.  He provides a GED Individual Record that shows he took the High School GED test, parts 1 through 5 during the period 10-24 February 1966.  He also provides two Military Test Reports; however, the reports are illegible and the dates of completion of the test and Rating Code for each of the five tests cannot be read.  Therefore, it cannot be determined the date the tests were taken and/or the results.  

11.  He provides a Letter of Commendation, dated 2 June 1969, in which he was congratulated for receiving the Army Commendation Medal.  

12.  Army Regulation 635-5 (Separations 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:

	a.  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.

	b.  In item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.  The regulation did not provide for the recording of letters of commendation on the DD Form 214.

	c.  In 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.  

	d.  For item 30, enter the highest civilian education level attained as the first entry in this block when not adequately covered in block 25.

13.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for five campaigns.

14.  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 MP Company, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970 by DAGO Number 53, dated 1970

15.  Department of the Army Pamphlet 672-3 also shows that during his assignment to the 716th MP Battalion, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 January-31 October 1968 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 April 196518 April 1968 by DAGO Number 31, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal, a Letter of Commendation, and to show he completed the High School GED test has been carefully considered.

2.  General orders show he was awarded two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized a silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect this silver service star.

4.  Special orders show he earned the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  These badges should be added to his DD Form 214.

5.  His units in Vietnam were cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should also be added to his DD Form 214.


6.  There are no provisions in Army Regulation 635-5 for the recording of letters of commendation on the DD Form 214.  Therefore, this portion of his request should be denied.  

7.  In reference to the portion of the request that pertains to the High School GED test, the veracity of the applicant's claim that he was administered and passed the High School GED test is not in question.  However, the two Military Test Reports he provided are illegible and as a result, these documents are insufficient evidence on which to base amending his DD Form 214 to show a different education level.  Should he obtain legible copies of these documents that actually show the Rating Codes achieved for each test, he can reapply to the ABCMR for this portion of the requested relief.  

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 the Vietnam Service Medal from his DD Form 214;

	b.  adding to his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with one silver service star 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 amending his DD Form 214 to show a Letter of Commendation or to show a different level of civilian education.  



      _______ _   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)                                         AR20140002686



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ABCMR Record of Proceedings (cont)                                         AR20140002686



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