IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140010743 


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 his rank and pay grade as "SGT E-5," his completion of the Basic Airborne Course, his assignment with the 82nd Airborne Division, his Expert Marksmanship Badge with Rifle Bar, and his certificates for exceptional performance. 

2.  The applicant states that his DD Form 214 does not reflect his rank as Sergeant (SGT) E-5, his completion of basic airborne training, his assignment to the 82nd Airborne Division, his Expert Marksmanship Badge with M-16 Rifle Bar, and his certificates for exceptional performance.

3.  The applicant provides copies of his promotion orders to E-5, his diploma for completion of the Airborne Course, orders awarding him the Expert Marksmanship Badge with Rifle Bar, and two certificates.

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 6 March 1969 for a period of 3 years under the airborne training option.  He completed his basic training at Fort Bliss, Texas, his advanced individual training as a light vehicle driver at Fort Polk, Louisiana and basic airborne training at Fort Benning, Georgia before being assigned to the 17th Cavalry Regiment, 82nd Airborne Division at Fort Bragg, North Carolina.

3.  On 16 September 1970, he was transferred to Vietnam for duty with the 512th Transportation Company for duty as heavy vehicle driver.  He was promoted to pay grade E-5 on 10 March 1971.

4.  On 29 July 1971, nonjudicial punishment was imposed against the applicant for being in an off-limits area.  His punishment consisted of a reduction to pay grade E-4 (suspended for 60 days).

5.  On 4 September 1971, the imposing commander vacated the suspended sentence and reduced the applicant to pay grade E-4.

6.  He participated in two campaigns and departed Vietnam on 9 October 1971. He was transferred to the medical hold company at William Beaumont General Hospital in El Paso, Texas where he remained until 22 October 1971 when he was honorably released from active duty (REFRAD).  He had served 2 years, 7 months and 13 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was discharged in pay grade E-4 and was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device "1960."  It also reflects that he completed the light vehicle driver course of 5 weeks at Fort Polk, Louisiana.

7.  The applicant has provided orders showing that he was awarded the Expert Marksmanship Badge with Rifle Bar and that he completed the Basic Airborne Course of 3 weeks in 1969.  Additionally, his records show that he was awarded the Parachutist Badge in Special Orders 201, dated 13 November 1969, issued by Headquarters, Training School Brigade.

8.  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 the applicant’s unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Gold Star during the period he served with the unit.
9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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.

10.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

11.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect his rank and pay grade as a SGT E-5 has been noted and found to lack merit.  The applicant was reduced from the pay grade of E-5 to the pay grade of E-4 on 20 July 1971 and was serving in that pay grade when he was REFRAD.  Accordingly, his DD Form 214 correctly reflects his rank on the date of his REFRAD. 

2.  The applicant completed the Basic Airborne Course of 3 weeks at Fort Benning, Georgia in 1969 and was awarded the Parachutist Badge and is entitled to have them added to his DD Form 214.

3.  The applicant was awarded the Expert Marksmanship Badge with Rifle Bar and is entitled to have that badge added to his DD Form 214.

4.  The applicant’s contention that his DD Form 214 should reflect his assignment to the 82nd Airborne Division has been noted and found to lack merit.  The applicant was not assigned to the 82nd Airborne Division at the time of his REFRAD and therefore it was properly not represented on that form.  Not all assignments are entered on the DD Form 214, just the last assignment before separation.

5.  It is also noted that certificates of training, appreciation or achievement are not authorized for entry on the DD Form 214.
6.  Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Gold Star during the period he served with the unit.  He also served in two campaigns and is entitled to wear two bronze service stars on his already awarded Vietnam Service Medal and to have them added to 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:

* deleting the award of the Vietnam Service Medal from his DD Form 214
* adding the awards of the Vietnam Service Medal with two bronze service stars, Parachutist Badge, Expert Marksmanship Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Gold Star to item 24 of his DD Form 214
* adding the entry "Basic Airborne  Ft Benning, GA  3 wks  1969" to item 25 of his DD Form 214

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 changing his rank to E-5 and adding his certificates to his DD Form 214.  



      ____________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)                                         AR20140010743





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ABCMR Record of Proceedings (cont)                                         AR20140010743



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