IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018834 


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 in:

* Item 5a (Grade, Rate, or Rank) the rank of staff sergeant (SSG)
* Item 5b (Pay Grade) the pay grade E-6
* Item 23a (Specialty Number and Title) the military occupational specialty (MOS) "11B4G (long-range patrol scout)" instead of "11B4O (light weapons infantryman)"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the following:

* three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Automatic Rifle and MachineGun Bars

2.  The applicant states:

   a.  The attached documents reflect his promotion to E-6 and change of MOS to 11B4G.  His DD Form 214 should be amended to include the promotion and MOS change.  He believes the omission was an error as he was about to leave Vietnam.  The MOS change was appointed on Unit Orders Number 52, but the 
promotion to E-6 as not properly recorded as indicated.  The recommendation for both E-6 and 11B4G were indicated on all of the enclosed forms.  Both were verbalized to him by Captain (CPT) Rxxxxxx Mxxxxx, Infantry.  Neither the E-6 pay grade nor 11B4G MOS is listed on his DD Form 214.

   b.  In effect, his DD Form 214 should be updated to reflect the aforementioned awards as stated on the DA Form 1577 (Authorization for Issuance of Awards) dated 28 June 1988.  He believes the omissions were in error.  He was informed of some of the awards in 1988; however, the DD Form 214 was not updated with the corrections.

   c.  He attempted to correct the errors in 1973 and was told that his records were burned in a fire at St. Louis, MO.  He attempted again in the 1980's.  The records are now recovered as he has since received copies of them.

3.  The applicant provides copies of the following:

* two DA Forms 2496-1 (Disposition Form)
* DA Form 3355-R (Promotion Points Worksheet)
* Unit Orders Number 52
* DD Form 214 (2 copies)
* DA Form 1577

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 the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States, in pay grade E-1, on 3 January 1969.  His records contain the following:

* Special Orders (SO) issued by Headquarters, Advanced Individual Training Brigade (Infantry):

* SO Number 79, dated 14 April 1969, awarding him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* SO Number 85, dated 21 April 1969, awarding him the Marksman Marksmanship Qualification Badge with MachineGun Bar (M-60)

* DA Form 20 (Enlisted Qualification Record) which shows in item 22 (MOSs) he completed training at Fort Benning, GA, and was awarded the primary MOS of 11B4O on 23 May 1969
* Orders issued by Headquarters, The Candidate Brigade, Fort Benning, GA:

* SO Number 155, dated 30 June 1969, awarding him MOS 11B4O
* SO Number 233, dated 23 September 1969, promoting him to the temporary rank/grade of sergeant (SGT)/pay grade E-5 in MOS 11B4O

* DA Form 20 which shows in item 35 (Record of Assignments) he attended Ranger Training at Fort Benning, GA, in MOS 11B4G from 24 September through 25 November 1969
* SO Number 290, issued by Headquarters, The Student Brigade on 20 November 1969, assigning him to the Overseas Replacement Station for ultimate assignment to Vietnam in MOS 11B4G

3.  He served in Vietnam from 2 January through 26 November 1970, during three campaigns.  He was assigned to Company D, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, serving in MOS 11B4O.

4.  He provided copies of the following:

   a.  A DA Form 2496-1, dated 23 September 1970, wherein the applicant's company commander recommended the applicant be considered for promotion to the rank of SSG/E-6 in the recommended MOS of 11B4G.  The form stated he was fully qualified and met the promotion criteria established in Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7.  The applicant's company commander stated that it was understood the applicant could be required to change duty position in order to be promoted in a position vacancy and he was willing to release the applicant upon his promotion.

   b.  A DA Form 2496-1, dated 23 September 1970, wherein the applicant's company commander requested a waiver of the time in grade (zero months) and time in service (39 months) pertaining to the applicant for the purpose of promotion to the rank of SSG/E-6 (Accelerated).

   c.  A DA Form 3355-R, dated 6 October 1970, which does not list the applicant's total accumulated points for promotion to pay grade E-6.

5.  General Orders (GO) Number 13175, issued by Headquarters, Americal Division on 30 September 1970, awarded him the Army Commendation Medal for meritorious achievement from 1 June through 30 September 1970.

6.  His records also contain and he also provided a copy of Unit Orders Number 52, issued by Company D, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, Americal Division on 31 October 1970, appointing him to act in the capacity of the Chemical, Biological, and Radiological (CBR) Noncommissioned Officer (NCO), in MOS 11B4G, effective 15 October 1970, for an indefinite period.  The orders show his rank as "SGT."

7.  His records further contain SO Number 331, issued by Headquarters, U.S. Army Personnel Center on 27 November 1970, releasing him from active duty.  The orders show his rank a "SGT" and his MOS as "11B4O."

8.  He was honorably released from active duty on 27 November 1970 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He was credited with completing 1 year, 10 months, and 25 days of active service and 10 months and 25 days of foreign service.  His DD Form 214 lists in:

* Item 5a – SGT
* Item 5b – E-5
* Item 6 (Date of Rank) – 23 September 1969
* item 23a – 11B4O, light weapons infantryman
* item 24 the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar
* Parachutist Badge

9.  His DA Form 20 shows in:

* Item 33 (Appointments and Reductions) the entry SGT (temporary) with a date of rank of 23 September 1969 as the highest rank/grade he held
* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Marksman Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-16) Bars

10.  His service records do not contain official orders promoting him to SSG/E-6. 

11.  Letter Orders Number 12-1366634, dated 18 December 1974, discharged him from the USAR on 1 January 1975; the orders list his rank as SGT and the MOS 11B4O.

12.  His available record contains and he provided a copy of a DA Form 1577, issued by the Reserve Components, Personnel and Administrative Center, on 28 June 1988, wherein he was advised of the authorization and issuance of the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machine Gun Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

13.  Army Regulation 600-200, in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  Chapter 7 of the regulation stated the promotion instrument was the promotion order and also stated in:

   a.  Paragraph 7-3 – field grade commanders of any organization which were authorized a command in the grade of lieutenant colonel or higher could promote assigned personnel to pay grades E-5 and E-6.
   
   b.  Paragraph 7-1 - individuals recommended for promotion to E-6 required a personal appearance before a promotion selection board.  The minimum grade and service requirement for promotion to E-6 were 10 months' time in grade and 84 months' time in service (waived to 60 months).

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation stated:

* items 5a and 5b would list the active duty grade or rank and pay grade at time of separation
* item 6 would list the effective date for the grade shown in items 5a and 5b
* item 23 would list the primary MOS code number and title
* item 24 would list all awards awarded or authorized

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-marital.

16.  Army Regulation 600-8-22 (Military Award) states:

* bronze stars are authorized for wear on the Vietnam Campaign Medal to denote campaign participation
* awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO)

17.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit the 2nd Battalion, 1st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 31 March through 30 June 1970 by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's DD Form 214 to show award of three bronze service stars, the Army Good Conduct Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Automatic Rifle and Machine Gun Bars:

   a.  The evidence shows he served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

   b.  He completed 1 year, 10 months, and 25 days of honorable service.  He received "excellent" conduct and efficiency ratings throughout his period of service.  He attained the rank of SGT and served in Vietnam and was awarded the Army Commendation Medal and Combat Infantryman Badge.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 3 January 1969 through 27 November 1970 and its addition to his DD Form 214.

   c.  DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to this award and its addition to his DD Form 214.

   d.  He was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) and Machine Gun (M-60) Bars during his period of active duty.  Therefore, his DD Form 214 should be corrected to show these badges.

   e.  GO awarded him the Army Commendation Medal during his period of service.  As this award is currently listed on his DD Form 214 no further corrective action is required.

2.  It is noted the DA Form 1577 is not a source document for approval/authorization for awards.

3.  With regard to correction of item 23 of his DD Form 214, the evidence shows he completed training for Special Qualified Identifier "G."   He was appointed to the CBR NCO effective 15 October 1970 and he served in MOS 11B4G.  It appears he served in that MOS through his date of his release from active duty.  Therefore, item 23 of his DD Form 214 should be corrected to show the MOS 11B4G.





4.  With regard to correction of items 5a and 5b of his DD Form 214:

   a.  There is no evidence in his records and he did not provide sufficient evidence showing he was promoted to SSG/E-6 prior to his honorable release from active duty on 27 November 1970.  His DA Form 20 shows the highest rank/grade he attained was SGT/E-5 and his separation orders listed his rank as a SGT.  He was also discharged from the USAR in the rank of SGT.
   
   b.  He is confusing a recommendation for promotion with a firm promotion to the higher grade.  Promotion to E-6 was not automatic upon being recommended for promotion and placed on a promotion list.  His promotion would have been contingent on availability of a higher position.  His service records do not contain official orders promoting him to SSG/E-6.

   c.  In the absence of documentary evidence confirming he was promoted or appointed to SSG/E-6, there is insufficient evidence to grant him the 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 his period of service from 3 January 1969 through 27 November 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correction of items 5a and 5b to show his rank as SSG/E-6.



      _____________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)                                         AR20140018834





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ABCMR Record of Proceedings (cont)                                         AR20140018834



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