IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140014876 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add an unspecified award/medal and to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6. 

2.  The applicant states he received a medal after he hit a land mine.  He hit the land mine on the front right side.  He was also promoted to the grade of E-6 with 90 days left [in Vietnam].  His award and his promotion were given to him in a ceremony at the same time.  He does not have any paperwork, he was just happy to leave Vietnam alive.

3.  The applicant provides no additional evidence.

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 16 September 1964 and held military occupational specialty (MOS) 64A (Light Vehicle Driver).  He was honorably discharged for immediate reenlistment on 16 September 1965.  His DD Form 214 for this period shows his rank/grade as private first class (PFC)/E-3 and does not list any awards.

3.  He reenlisted in the Regular Army on 17 September 1965 and held MOS 63B (Wheeled Vehicle Driver).

4.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  He was assigned to:

* Germany from 17 February 1965 to 14 February 1968 
* Vietnam from 22 April 1968 to 21 April 1969
* Fort Devens, MA from 6 June 1969 to 26 July 1971

	b.  He was promoted to:

* private/E-1 on 16 September 1964
* private/E-2 on 16 June 1965
* PFC/E-3 on 21 July 1965
* specialist four/E-4 on 28 May 1966
* specialist five (SP5)/E-5 on 10 January 1968

5.  His record contains documentation that shows he received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on the following dates for the following offenses:

* 21 January 1966 – failing to be at bed check
* 21 January 1967 – recklessly damaging tables, glasses, and a table cloth in a German Gasthaus, in the amount of 10 Deutsch Marks
* 20 February 1967 – violating the direct order of a commissioned officer to have a liberty pass before signing out on an authorized absence and failing to be at his appointed place of duty to take a readiness test
* 7 February 1968 – operating his personally owned vehicle with another person's license plates attached to the vehicle 
* 22 July 1969 – stealing 4 gallons of gasoline from the U.S. Government
* 21 October 1969 – destroying, through neglect, one mattress and two blankets with fire
* 8 March 1971 – failing to go to his appointed place of duty at the prescribed time

6.  His DD Form 214 shows he was honorably released from active duty on 26 July 1971.  Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) of his 
DD Form 214 shows his rank/grade as "SP5" and "E-5," respectively.  Additionally, he was authorized or awarded the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His record does not contain any evidence to show he was recommended for or issued orders promoting him the rank/grade of SSG/E-6.  Additionally, there is also no evidence to show he was recommended for or issued orders awarding him a personal award.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for personal awards.

9.  Army Regulation 600-8-22 (Military Awards) states all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated items 5a and 5b show the rank/grade in which a member was serving at the time of separation and item 6 shows the date of rank for the grade shown in item 5a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not specifically identified the personal award/medal in question and there is no evidence in the available records that show he was awarded a personal award or medal.  The governing Army regulation states that for personal decorations formal recommendation, approval through the chain of command and announcement of orders are required.  In the absence of orders, or records showing his chain of approval decided to approve an award, there is insufficient evidence to correct his records to show an award. 

2.  The evidence of record shows the applicant was promoted to SP5/E-5 on 
10 January 1968.  There is no evidence that he was promoted or appointed above this rank/grade between the date of this promotion and the date of separation from active duty.

3.  The governing regulation provides that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders.

4.  His record does not contain and he has not provided sufficient evidence to show his DD Form 214 incorrectly lists his rank and grade.  

5.  Based on the foregoing evidence, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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)                                         AR20140014876





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ABCMR Record of Proceedings (cont)                                         AR20140014876



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