IN THE CASE OF:  	  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140010343 


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:

     a.  change line 12 (Last Duty Station and Major Command) to read: 198th Light Infantry Brigade;

     b.  add to line 23a (Specialty Number and Title) Sniper Training;

     c.  add to line 24 (Decorations, Medals, Badge, Commendations, Citations and Campaign Ribbons, Awards Authorized), the Bronze Star Medal (BSM) (Second Award) and Army Commendation Medal (ARCOM); and

     d.  add to line 25 (Education and Training Completed) a 2-week Leadership School at Fort Dix, NJ.

2.  The applicant states he believes that the errors were an oversight.  He requests his awards and training be included on his DD Form 214.

3.  The applicant provides: 

* DD Form 214
* ARCOM Certificate and Citation
* BSM Certificate (Second Award)
* Americal Combat Center Sniper School Course 1-70 Completion Certificate dated 22 April 1970
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 6 January 1969, the applicant was inducted into the Army of the United States.  After completing initial training, he was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

3.  His DA Form 20 (Enlisted Qualification Record), item 28 (Specialized Training), shows he completed a 2-week Leadership Principles Course (LPC) on 21 March 1969. 

4.  His DA Form 20, item 38 (Record of Assignments), shows that on 
6 January 1970 he was assigned to duty in Vietnam with Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, and served with this unit until 
17 November 1970.

5.  On 22 November 1970, he was honorably released from active duty after completing 1 year, 10 months, and 17 days of total active service.  His DD Form 214 shows he was awarded or authorized the following:
  
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* RVN Campaign Medal with Device (1960) (VCM)
* Purple Heart (PH)
* Good Conduct Medal (GCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant's DA Form 20, item 41 (Awards and Decorations) lists the following awards:

* NDSM
* VSM
* CIB
* VCM
* BSM
* PH
* ARCOM
* BSM (Second Award)
* ARCOM (Second Award)
* Air Medal
* PH (Second Award)
* GCM
* Expert Rifle M-14

7.  DA Form 20, item 41, consists of entries entered in pen and ink or typewritten (NDSM, VSM, CIB, VCM, and BSM) and entries made in pencil (PH, ARCOM, BSM (Second Award), ARCOM (Second Award), Air Medal, PH (Second Award), and GCM.  The pencil entries do not show the authority for the awards.

8.  Headquarters, Americal Division, General Orders (GO) Number 12339, dated 10 September 1970, awarded the applicant the BSM (Second Award) for service from 1 May 1970 to 31 August 1970.

9.  The Americal Combat Center awarded the applicant a certificate upon his completion of the Sniper School course on 22 April 1970.

10.  His Official Military Personnel File is void of documentation showing orders awarding him the ARCOM.

11.  On the applicant's DA Form 20, item 41 lists a BSM, under the authority of GO Number 12285 dated 10 September 1970.  However, this order does not list the applicant's name.

12.  Army Regulation 635-5, in effect at the time, stated that the primary MOS code number and title was the only entry authorized for item 23a.  

13.  Army Regulation 635-5 stated for item 25 to enter all service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared.  This entry includes the highest civilian education level acquired during this period of military service, if appropriate.

14.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

     a.  The BSM 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.

     b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows that he was assigned to Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade prior to his release from active duty.  It would be appropriate to correct his DD Form 214 to show this unit. 

2.  The applicant's DA Form 20 shows he completed a 2-week Leadership Preparation Course at Fort Dix, NJ on 21 March 1970.  It would be appropriate to list this training in item 25 of this DD Form 214.

3.  GO Number 12339 dated 10 September 1970 lists the applicant as having been awarded the BSM (Second Award).  However, it appears to be his first BSM.  On his DA Form 20, item 41 lists a BSM awarded by GO Number 12285 dated 10 September 1970.  This order does not list the applicant's name.  Therefore, there is insufficient evidence to support a second BSM.  However, it would be appropriate to add one award of the BSM to his DD Form 214.

4.  The applicant provides an ARCOM Certificate and Citation showing he was awarded the ARCOM.  Unfortunately, possession of an award certificate and citation does not automatically confer entitlement to an award.  Absent orders which awarded him the ARCOM or official documentation confirming that such orders were published, there is an insufficient evidentiary basis upon which to correct his DD Form 214 to show the ARCOM. 

5.  The applicant is advised that if he has a copy of orders awarding him the ARCOM, a second BSM, or official documentation confirming that such orders were published, he may submit a request for reconsideration.  If he chooses to do so, he should ensure that he provides a complete copy of the orders, to include an authenticating signature.

6.  Sniper training could have been listed on his service member's DD Form 214 at that time. There would be no harm in listing this training in item 25 of his DD Form 214. 

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 amending his DD Form 214 for the period ending 22 November 1970 to:

     a.  delete the entry in item 12 and add Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade; and 

     b.  add to item 25 (Education and Training):  "Leadership Preparation Course, 1969", and "Sniper School Course, 1970."

     c.  add to item 25: BSM

2.  The Board further determined that the evidence presented was 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 adding the ARCOM and the BSM (Second Award). 




      _______ _   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)                                         AR20140013405



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010343



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1