IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140008841 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal.  As a new issue, he requests correction of his A Team certificate to show he was a member of a special operations force with Detachment A-244 at Ben Het Camp (also known as Ben Het Special Forces Camp), Vietnam.

2.  The applicant states:

	a.  Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20130005233, dated 23 January 2014, incorrectly stated he left Vietnam on 2 October 1968.  However, he has records showing he left Vietnam on 28 October 1968.

	b.  He served with the signal company the first year he was in country and he was assigned temporary duty in military occupational specialty (MOS) "20B light weapon[s] specialist" with Detachment A-244 at Ben Het Camp, Vietnam, with the support team which is B-24.  B-24 was considered B Company and all paperwork went to the support team.

	c.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to Detachment A-24.  He turned in his weapon on 20 October 1968 and his clearance record shows B Company.

	d.  He had “excellent” ratings and questions how anyone could have submitted him for the Army Good Conduct Medal when he was getting out of the Army and his superior was replaced with a new officer.  He did his job and his superiors did not do their job.

	e.  He would never disobey on order and no charges were brought against him for being absent without leave (AWOL) for 4 days because he was snowed in coming back from special leave and he called in to report this.

	f.  He has hundreds of pictures showing his missions but very little documentation because he was in the jungle.

3.  The applicant provides:

* self-authored statement
* extract of ABCMR Record of Proceedings Docket Number AR20130005233, dated 23 January 2014
* letter from Headquarters, 5th Special Forces Group (Airborne), dated 21 October 1968
* two DA Forms 2139-1 (Military Pay Voucher)
* DD Form 214
* DA Form 137 (Installation Clearance Record)
* Hand Receipt/Annex
* 5th Special Forces Group (Airborne) Certificate
* Special Forces Operations Incident Report

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130005233 on 23 January 2014.

2.  The applicant provided new arguments and evidence not previously considered by the Board that warrant consideration at this time.

3.  The applicant enlisted in the Regular Army on 13 December 1965.  He was awarded MOS 11C (Indirect Fire Infantryman) upon completion of initial entry training.

4.  He accepted nonjudicial (NJP) punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), as follows:

* on 29 August 1966, for disobeying a lawful order
* on 24 January 1967, for being AWOL on or about 19 January 1967 to on or about 23 January 1967

5.  His DA Form 20 (Enlisted Qualification Record), as amended by two DA Forms 2876 (Report of Change for DA Form 20), shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 3 April 1967 through 2 October 1968;

	b.  item 33 (Appointment and Reductions), he was promoted to the rank and grade of specialist four (SP4)/E-4 effective 16 August 1967;

	c.  item 38 (Record of Assignments), he served with Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces Regiment, in Vietnam;

	d.  item 38, he received "excellent" conduct and efficiency ratings throughout his active duty service;

	f.  item 41 (Awards and Decorations), no award of the Army Good Conduct Medal; and

	g.  item 44 (Time Lost under Section 972, Title 10, U.S. Code and Subsequent to Normal Date End of Term of Service), 4 days of AWOL from 19 January 1967 to 22 January 1967.

6.  His DA Form 137 (Installation Clearance Record) contained in his records shows:

* his scheduled departure time and date as "TO UPO, NHA [to Unit Personnel Office, Nha Trang, Vietnam]:  24 Oct 68"
* he cleared Detachment B-24, 5th Special Forces Group (Airborne), 1st Special Forces Regiment on 23 October 1968
* he received "excellent" conduct and efficiency ratings

7.  Headquarters, U.S. Army Personnel Center, Special Orders Number 303, dated 29 October 1968, directed the applicant's release from active duty.  These orders show his rank/grade as SP4/E-4 and his MOS as 36C (Wireman).

8.  On 30 October 1968, the applicant was honorably released from active duty.  He completed 2 years, 10 months, and 18 days of creditable active service and he had 4 days of lost time during the period 19 through 22 January 1967.  His DD Form 214 shows his rank/grade as SP4/E-4 and his MOS as 36C.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* three overseas service bars

9.  The applicant provided a self-authored statement clarifying information cited in ABCMR Record of Proceedings Docket Number AR20130005233 and his assignment in Vietnam.  He also provided a 5th Special Forces Group (Airborne) Certificate that shows he was a member of the A Team and a Special Operations Forces Incident Report with instructions stating the form is to be completed and signed by a Veterans Administration Regional Office military records specialist.  The form is not signed or dated.

10.  The applicant also provided the following documents:

	a.  a letter from Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces Regiment, dated 21 October 1968, showing he was assigned to Company B, 5th Special Forces Group (Airborne), 1st Special Forces Regiment, and he was ordered to report for out-processing not earlier than 24 October 1968 and not later than 25 October 1968.  This letter also shows he was ordered to report to the 507th Replacement Company, 22d Replacement Battalion, Cam Ranh Bay, Vietnam, not later than 29 October 1968 for further movement to the continental United States on flight number N2C4, line number 10-29-159, departing on 29 October 1968;

	b.  two DA Forms 2139-1 for the pay periods 1 through 31 July 1968 and 1 through 30 September 1968 showing he was assigned to Detachment B-24, 5th Special Forces Group (Airborne), 1st Special Forces Regiment, for parachute operations; and

	c.  a Hand Receipt/Annex for Company B, Detachment A-244, 5th Special Forces Group (Airborne), bearing handwritten entries showing he signed for a .30 caliber carbine rifle (M-1) on 7 May 1968 and the hand receipt was voided on 9 May 1968.

11.  His records are void of and he failed to provide any evidence he was recommended for or awarded the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22 (Military Awards) provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's honorable service to our Nation is not in question.  However, his records are void of any recommendation for and/or orders that show he was awarded the Army Good Conduct Medal.  Additionally, he received NJP on two occasions and he had lost time due to AWOL.  Despite the absence of a disqualification memorandum, it is reasonable to presume that his commander did not deem him worthy of the Army Good Conduct Medal based on his overall record.  He provided insufficient evidence to overcome the presumption of administrative regularity.

2.  Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate of achievement or commendation of local design.  It appears that his A Team certificate was prepared according to the locally-prescribed guidelines as evidenced by the signatures of his commanding officers.  Further, the applicant failed to provide sufficient evidence showing the certificate did not meet the prescribed standards at the time.  Also, this form is not is the current Army records and a new form cannot be created.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As for the request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130005233, dated 24 January 2014.

2.  As for the new issue, 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.



      _______________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)                                         AR20140008841



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ABCMR Record of Proceedings (cont)                                         AR20140008841



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