IN THE CASE OF:  	  

		BOARD DATE:  2 April 2015	  

		DOCKET NUMBER:  AR20140012889 


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: 

* 3rd or 4th oak leaf cluster (OLC) with an unknown award
* 15 awards of the Air Medal
* Traffic enforcement military occupational specialty (MOS)
* Rank/grade of sergeant (SGT)/E-5
* Date of separation as 13 April 1971
* Award of the Army Good Conduct Medal
* Completion of the General Education Diploma (GED)

2.  The applicant states his DD Form 214 currently has his awards through the incorrect period of service. 

3.  The applicant provides his U.S. Army Reserve (USAR) Honorable Discharge Certificate.

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he indicated that he attended Jefferson High School, Jefferson, OH, from September 1956 to January 1960 but he did not graduate.

3.  He was inducted into the AUS on 14 April 1965.  He completed basic combat and advanced individual training and he was awarded MOS 95B (Military Policeman (MP)). 

4.  He served in Vietnam from on or about 24 December 1965 to on or about 24 February 1967.  He was assigned as follows: 

* 545th MP Company, 1st Cavalry Division, from 24 December 1965 to 10 January 1966
* Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division, from 11 January 1966 to 4 January 1967

5.  Headquarters, 1st Cavalry Division, published the following General Orders (GO) in relation to the Air Medal: 

* GO Number 3722, on 9 November 1966, the Air Medal (2nd OLC), for achievement from 28 April to 18 May 1966
* GO Number 3738, on 11 November 1966, the Air Medal (3rd OLC), for achievement from 19 May 1966 to 20 June 1966
* GO Number 3801, on 15 November 1966, the Air Medal (4th OLC), for achievement from 22 June to 18 July 1966
* GO Number 496, on 4 February 1967, the Air Medal (5th OLC), for achievement from 21 July to 28 August 1966
* GO Number 428, on 30 January 1967, the Air Medal (6th OLC), for achievement from 29 August to 21 October 1966

6.  On 28 May 1966, Headquarters, 15th Medical Battalion, 1st Cavalry Division, published Special Orders (SO) Number 16 advancing him to the temporary rank/grade of specialist four (SP4)/E-4. 

7.  On 1 June 1966, Headquarters, 1st Cavalry Division, published SO Number 152 awarding him MOS 11B2O effective that date. 
8.  On 28 February 1967, Headquarters, U.S. Army Personnel Center, Oakland, published SO Number 59 ordering his release from active duty effective the date of the orders and reassignment to the USAR.  The orders listed his rank as SP4. 

9.  He was honorably released from active duty on 28 February 1967 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 shows he completed 1 year, 10 months, and 15 days of active service.  It also shows in:

* Item 5a (Grade, Rate or Rank) and 5b (Pay Grade), SP4 (T) and E-4
* Item 6 (Date of Rank), 28 May 1966
* Item 11c (Effective Date (of Separation)), 28 February 1967
* Item 23a (Specialty Number and Title), 11B2O, Light Weapons Infantryman
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized), the: 

* National Defense Service Medal
* Vietnam Service Medal
* Aircraft Crewman Badge
* Air Medal (2nd Oak Leaf Cluster)
* one overseas service bar
* Vietnam Campaign Medal
* Purple Heart
* Marksman Marksmanship Qualification Badge with Pistol Bar(.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 25 (Education and Training Completed), 9 years of high school, general 

10.  On 13 April 1971, having completed his military service obligations, he was discharged from the USAR and issued an Honorable Discharge Certificate.  This certificate listed his grade as SP4. 

11.  There are no orders in his records that confirm any additional awards of the Air Medal (i.e., beyond the 6th OLC).  Additionally, his DA Form 20 (Enlisted Qualification Record) does not list any additional awards of the Air Medal. 

12.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

14.  A review of the applicant's service record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully appropriating military property on 2 January 1966 in Vietnam.  However, there is no additional derogatory information that would have disqualified him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  For first award only, the Army Good Conduct Medal is authorized upon termination of service, on or after 27 June 1950.

16.  There is no indication the applicant completed his GED during his active military service.  Additionally, item 32 (Civilian Education) of his DA Form 20 shows he attended Jefferson High School and competed 9 years of civilian education but did not graduate. 

17.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam from on or about 24 December 1965 to on or about 24 February 1967  participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967

18.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 545th MP Company from on or about 24 December 1965 to 10 January 1966, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, by DAGO 43, dated 1970.

19.  DA Pamphlet 672-3 shows during his service with the 15th Medical Battalion, from on or about 11 January 1966 to on or about 4 January 1967, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, by DAGO 59, dated 1969.

20.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

21.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show: 

* 3rd or 4th OLC with an unknown award
* 15 awards of the Air Medal
* Traffic enforcement MOS
* Rank/grade of SGT/E-5
* Date of separation as 13 April 1971
* Award of the Army Good Conduct Medal
* Completion of the GED

2.  With respect to the 3rd or 4th OLC, it is unclear if the applicant is referring to an OLC associated with the Air Medal or another individual award.  Absent a clear indication of what he is referring to, this issue cannot be addressed.

3.  With respect to the Air Medal: 

	a.  He was awarded the Air Medal (6th OLC) indicating 7 awards of the Air Medal.  His DD Form 214 only listed one award of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral "7."

	b.  There are no orders in his records and he provides none to show he was awarded 15 awards of the Air Medal.  As with all personal decorations, award of the Air Medal requires formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of the orders there is insufficient evidence to show 15 awards of the Air Medal. 

4.  With respect to traffic enforcement MOS, it is presumed the applicant is referring to his MP MOS which was awarded following completion of training in 1965.  The available evidence shows that although he was trained in MOS 95B, this MOS was withdrawn in June 1966.  In its place, the applicant was awarded MOS 11B2O.  He held this MOS until his separation.  That is why this MOS, and not MOS 95B, is listed on his DD Form 214. 

5.  With respect to his rank/grade of SGT/E-5, the applicant was appointed to the temporary rank/grade of SP4/E-4 on 28 May 1966.  There is no evidence in his records and he provides none to show he was recommended for or promoted to SGT/E-5 during his active service.  Because he held the rank/grade of SP4/E-4 at the time of his release from active duty, this rank/grade listed on his DD Form 214.  He has not shown an error with regard to his rank/grade. 

6.  With respect to the date of separation, the applicant seems to confuse active service with inactive service.

	a.  When he was inducted, he was required to complete 2 years of active service and 4 years of inactive service.  He served on active duty from 14 April 1965 to 28 February 1967.  The DD Form 214 is a record of active service.  He was issued a DD Form 214 that correctly captured his active service. 

	b.  Upon his release from active duty, he was assigned to the USAR to complete his remaining service obligations.  He did so and he was ultimately discharged from the USAR in April 1971.  His service in the USAR was inactive and such would not be recorded on a DD Form 214.  Therefore, there is no error pertaining to his date of separation on his DD Form 214.

7.  He served honorably during the period 14 April 1965 through 28 February 1967.  He attained the rank of SP4/E-4, served in Vietnam and was wounded in action, and he received all "excellent" conduct and efficiency ratings throughout his military service.  Although he accepted NJP in January 1966, this was for a minor offense.  Absent any other derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 14 April 1965 to 28 February 1967.  His DD Form 214 should also be corrected to show this award.

8.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

9.  GO awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

10.  He served in Vietnam from December 1965 to February 1967.  This entitled him to two overseas service bars and correction of his DD Form 214 as such.

11.  With respect to his GED, the available evidence shows he completed 9 years of education during his active service.  There is no evidence in his records and he provides none to show he completed his GED during his active service.  His DD Form 214 correctly listed the highest level of civilian education he attained at the time.  Therefore, there is no error pertaining to this portion of his 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

* awarding him the Army Good Conduct Medal (1st Award) for the period 
14 April 1965 to 28 February 1967
* deleting from his DD Form 214 the Vietnam Service Medal, one overseas service bar, and the Air Medal
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Air Medal with Numeral "7"
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Two overseas service bars

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 3rd or 4th OLC with an unknown award, 15 awards of the Air Medal, traffic enforcement MOS, rank/grade of SGT/E-5, date of separation as 13 April 1971, and completion of his GED. 



      _______ _   _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)                                         AR20140012889





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ABCMR Record of Proceedings (cont)                                         AR20140012889



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