BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140008115 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 23a that he held the military occupational specialty (MOS) of “Field Illumination Crew Chief” and award of the Bronze Star Medal (BSM) for meritorious service and that he attended the Noncommissioned Officer (NCO) Academy.

2.  The applicant states that his DD Form 214 does not reflect that he served as a Field Illumination Crew Chief, that he attended the NCO Academy, or that he was awarded the BSM.

3.  The applicant provides copies of his DD Form 214 and a one-page letter explaining his application.

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 10 March 1970 for a period of
2 years.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a field artillery basic crewman (MOS: 13A1O) at Fort Sill, Oklahoma.  He remained at Fort Sill and was awarded MOS 17E1O (Field Artillery Illumination Crewman) on 25 November 1970.  He was promoted to the rank of sergeant on 11 December 1970.

3.  He was transferred to Vietnam on 28 January 1971 and was initially assigned to Battery G (Searchlight) (SLT)), 29th Artillery Regiment for duty as a section leader.  On 28 September 1971, he was transferred to Headquarters and Headquarters Battery, 44th Artillery Regiment for duty as a section leader.

4.  He departed Vietnam on 3 November 1971 and was honorably released from active duty (REFRAD) on 4 November 1971 as an overseas returnee.  He had served 1 year, 7 months, and 25 days of active service.  His DD Form 214 shows his specialty number and title in block 23a as “17E4C FA ILLUM CRMN” and in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, and his marksmanship badge.  In block 25 (Education and Training Completed), it reflects his military education of “FA ILLUM CRMN SDB – 9 weeks.”

5.  A review of his official records failed to show evidence of the applicant attending the NCO Academy or being recommended for or being awarded the BSM.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the MOS Number and title would be entered in item 23a of the DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was recommended for award of the BSM is not doubted, he has failed to show through the evidence submitted with his application and the evidence of record that such was the case.  Therefore, in the absence of such evidence there appears to be no basis to grant his request to add the award of the BSM to his DD Form 214. 

2.  The applicant’s contention that his DD Form 214 should be corrected to reflect his MOS title as a Field Illumination Crew Chief has also been noted.  While he may have served under that duty title, the regulation governing the preparation of the DD Form 214 requires that the MOS Number and title should be entered on that form.  In the applicant’s case, his DD Form 214 correctly reflects his MOS Number and title and there is no evidence to show that it should reflect otherwise.

3.  Additionally, the applicant has not provided and his records do not contain evidence to show he attended and completed the NCO Academy.  Therefore, in the absence of such evidence, there appears to be no basis to add that course to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x______  ___x_____  __x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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





2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20140008115





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ABCMR Record of Proceedings (cont)                                         AR20140008115



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