BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014472 


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 a correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* all awards, ribbons, and decorations from his service in the U.S. Army and his tour in Vietnam 
* he was promoted to captain (CPT)/O-3 
* in item 10a (Highest Civilian Education Level Attained) his education level attained at 20.5 years vice 16.5 years

2.  The applicant states his DD Form 214 should be corrected to show that he was a CPT/O-3.  Additionally, his medals and ribbons are not current, and his highest educational level attained should reflect 20.5 years vice 16.5 years.  

3.  The applicant provides:

* a DD Form 214
* Discharge Certificate
* authorization for issuance of awards
* lineage and honors information for the 155th Transportation Company
* Special Order Number 265 
* Special Orders Number 104
* letter of promotion to CPT/O-3
* Doctor of Education Diploma issued on 28 June 1976


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 was ordered to active duty on 15 April 1964 as a second lieutenant (2LT)/O-1.  

3.  He was promoted to first lieutenant (1LT)/O-2 on 15 October 1965.  

4.  His DA Form 66 (Officer Qualification Record) shows in:

* item 18 (Record of Assignments) –  55th Transportation Company, Republic of Vietnam (RVN) from 1 June 1965 to 30 March 1966
* item 21 (Awards and Decorations) - Vietnam Service Medal (VSM)
* item 22 (Campaigns) - None
* item 23 (Qualification in Arms) – Expert with the M-14 Rifle, Sharpshooter with the Machinegun, and Expert with the .45 caliber pistol

5.  On 2 April 1966, he was honorably released from active duty service.
His final DD Form 214 shows a VSM and no other awards.  

6.  The applicant received Special Order Number 265 for a Driver and Mechanic Badge with Driver-W Bar and Driver-T Bar dated 4 December 1965.

7.  The applicant served in RVN during one campaign: Vietnam Counteroffensive (25 December 1965 - 30 June 1966).

8.  The applicant provides documentation in support of his request.  His Doctor of Education Diploma was issued on 28 June 1976, after his release from active duty service.  

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

	a.  A bronze service star is worn on the VSM for each credited campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the VSM.

	b.  The National Defense Service Medal (NDSM) is awarded for honorable active service during the period 1 January 1961 through 14 August 1974.

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  Marksmanship qualification badges are awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.   

10.  DAGO Number 22, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a period of service in RVN making him eligible for the VSM, and he participated in one campaign.  Therefore, he is entitled to a correction of his final DD Form 214 to show the VSM with one bronze service star.
2.  Based on his service during a period of eligibility for the NDSM, he is entitled to correction of his final DD Form 214 to show this award. 

3.  He served in a unit in RVN during a period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his final DD Form 214 to show this unit award.

4.  Based on his RVN service he is authorized the RVN Campaign Medal with Device (1960).  He is entitled to correction of his final DD Form 214 to show this award. 

5.  Special Orders Number 104 shows he qualified as an Expert with the Rifle Bar (M-14 Rifle), Sharpshooter with the Machinegun, and as an Expert with the .45 caliber pistol.  Therefore, it would be appropriate to correct his final DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

6.  Special Orders Number 265 shows he was authorized to wear the Driver and Mechanic Badge with Driver-W Bar and Driver-T Bar.

7.  It was not until 27 December 1969 that the applicant was promoted to the rank of CPT/O-3, after he was released from active duty service.  His military service at the time of release from active duty was in the rank of 1LT/O-2.  In addition, his level of education was 16.5 years at the time of his release from active duty.  He did not receive his Doctor of Education until 28 June 1976.  The information entered on his DD Form 214 at the time of his release from active duty reflects the conditions as they existed at the time of separation.  

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:

a.  deleting the VSM from his DD Form 214

b.  adding to his DD Form 214:

* VSM with one bronze service star
* NDSM
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with the Machinegun Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Driver and Mechanic Badge with Driver-W Bar and Driver-T Bar

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 DD Form 214 to show a grade of CPT/O-3 and to change his level of education from 16.5 to 20.5 years. 




      _______ _ 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



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ABCMR Record of Proceedings (cont)                                         AR20140014472



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