IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140019729 


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 reissued DD Form 214 (Certificate of Release or Discharge from Active Duty)) as follows: 

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons awarded or authorized), add two overseas service bars and up to two service stripes.

	c.  Item 14 (Military Education), add the following courses:

* Noncommissioned Officer's (NCO) Candidate Course
* Airborne Course
* Ranger Course
* Republic of Vietnam (RVN) POR training course

2.  The applicant states, in effect:

* he has been credited with 11 months and 25 days of overseas service in Vietnam from December 1970 to December 1971
* he was also credited with 2 years, 6 months, and 3 days of active duty with the remainder of his 6-year obligation being served in the Reserves
* he successfully completed all of the courses for which he is asking to be added; based upon those successful completions, he was awarded diplomas, badges, tabs, and rank accordingly

3.  The applicant provides:

* DD Form 214 (as revised by the Board)
* Special Orders (SO) Number 66, dated 17 March 1972, issued by Headquarters, III Corps and Fort Hood
* SO Number 159, dated 8 June 1971, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized)
* Diploma, dated 21 July 1970, issued by the U.S. Army Infantry School showing the applicant successfully completed the Infantry NCO Candidate Course
* Diploma, dated 14 August 1970, issued by the U.S. Army Infantry School showing the applicant successfully completed the Airborne Course
* Diploma, dated 29 October 1970, issued by the U.S. Army Infantry School showing the applicant successfully completed the Ranger Course
* DA Form 2496 (Disposition Form), dated 29 October 1970, subject: POR Qualification, showing the applicant completed the RVN POR Training Course

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 22 September 1969 and he held MOS 11B (Light Weapons Infantryman).  The highest rank/grade held was sergeant/E-5.  His DA Form 20 (Enlisted Qualification Records) contains the following entries:

	a.  Item 22 (MOS) shows his primary MOS as 11B4V and secondary MOS was 11F4V.
	b.  Item 27 (Military Education) states he completed the Infantry Leaders Course, Phase I (12 weeks in length) at the U.S. Army Infantry School in 1970.

	c.  Item 28 (Specialized Training) includes entries showing completion of the Ranger Training Course and Basic Airborne Course in February and August 1970, respectively).  There is no mention of completing RVN POR training.

	d.  Item 31 (Foreign Service) states he served in Vietnam from on or about 14 December 1970 to on or about 8 December 1971.

	e.  Item 38 (Record of Assignments) shows:

* advanced individual training (AIT) at Fort Jackson, SC from on or about 26 November 1969 to 26 February 1970
* assigned as a student NCO candidate at the U.S. Army Infantry School, Fort Benning, GA from on or about 24 April 1970 to on or about 27 July 1970
* Basic Airborne Training from on or about 28 July 1970 to on or about 14 August 1970 at Fort Benning
* Ranger Training from on or about 15 August 1970 to on or about 2 November 1970 at Fort Benning
* Squad Leader, Company P (Reconnaissance), 75th Infantry, 1st Brigade 5th Infantry Division in Vietnam from on or about 28 December 1970 to on or about 1 August 1971
* Instructor, 101st Administration Company (Air Mobile)101st Airborne Division (Air Mobile), Vietnam from on or about 2 August 1971 to 4 December 1971

3.  He was honorably released from active duty on 24 March 1972.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as amended, shows he completed 2 years, 6 months, and 3 days of net active service this period.

	a.  Item 11 list his primary MOS as 11B4V, Light Weapons Infantryman, 20 February 1970, primary MOS evaluation score:  None.

	b.  Item 13 shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Ranger Tab
* Air Medal
* Parachutist Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  Item 14 contains the entry US Army Infantry School, Fort Benning, GA, Infantry Leadership Course (Phase I).

4.  Army Regulation 611-201 (Personnel Selection and Classification - Enlisted Career Management Fields and MOS), in effect at the time, details how to read an MOS.  It states the first three characters identify the MOS.  The fourth character is a number which indicates skill level.  Skill levels are listed 1 through 5, and reflect the following:

* skill level 1 identifies a helper or entry-level position
* skill level 2  is for positions requiring performance of difficult tasks under general supervision
* skill level 3 indicates positions requiring the performance of tasks significantly different from skill level 2 and needing only minimal supervision
* skill level 4 identifies a first-level supervisor
* skill level 5 designates higher level managerial-type supervisory positions

5.  Army Regulation 600-200 (Personnel General - Enlisted Personnel Management System), in effect at the time, described SQI as being in the fifth position of the either the primary or secondary MOS codes and that it identified special skills.  The codes and their order of precedence were:

* S - Special Forces
* V - Ranger - Parachutist
* P - Parachutist
* M - First Sergeant
* X - Drill Sergeant
* G - Ranger
* K - Noncommissioned officer Logistics Program
* Y - Pathfinder
* H - Instructor
* L - Linguist

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policy and procedures for the completion of DD Form 214.  

	a.  Regarding MOS, the regulation required the listing of the primary MOS code, title, and date of award.  There was no requirement to show secondary MOS information.

	b.  As to military education, it stated to enter service schools, including major courses which were successfully completed, and military-sponsored courses completed in civilian schools.  Additionally, show installation training courses (qualification courses), military correspondence courses, and off-duty courses.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.

	a.  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.

	b.  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.  

	c.  One service stripe is authorized for each 3 years of honorable active Federal service (emphasis added). 

DISCUSSION AND CONCLUSIONS:

1.  Regarding the addition of the applicant's secondary MOS, regulatory guidance only addresses listing the primary MOS with no discussion or option for adding a secondary MOS.  As such, adding the secondary MOS would not be appropriate.

2.  The applicant would be authorized to wear two overseas service bars for his service in Vietnam.  Overseas service bars, however, are considered part of the Army uniform as an item of clothing; it is not an award.  It therefore should not be added to his DD Form 214.

3.  Service stripes are awarded for every three year period of honorable active Federal service.  The applicant's DD Form 214 shows, while he was honorably released from active duty, he did not complete 3 years.  Additionally, service stripes are considered an item of clothing worn on the Army uniform.  They are not deemed to be awards and would, thus, not be added to the DD Form 214.

4.  He requests his attendance at the NCO Candidate Course at Fort Benning in 1970 be added to his DD Form 214.  Based upon the entries on his DA Form 20, it appears highly likely the NCO Candidate Course and the Infantry Leadership Course, (shown on his DA Form 20 and DD Form 214 as Infantry Leaders Course and Infantry Leadership Course, respectively), are the same course.  This conclusion is based on the following:

* after completing AIT, his DA Form 20 shows him as an NCO candidate, after which he is listed as participating in Airborne and Ranger training
* there is an entry showing the successful completion of the Infantry Leadership Course
* there is no entry indicating either attendance or completion of the NCO Candidate Course
* the timeframes appear to line up for both courses
* assuming they are the same course, and because the Infantry Leadership Course is already reflected on his DD Form 214, no change is required

5.  The applicant also requests item 14 of his DD Form 214 be amended to show his attendance at Airborne, Ranger, and RVN POR training.  While both Airborne and Ranger training are established Army courses of instruction, there is no information available, nor does the applicant provide any evidence showing that the RVN POR training course was listed as an installation-level course.  Nor is there any indication given as to the nature and substance of this course.  As such, while both Airborne and Ranger training should be reflected on this DD Form 214, there is insufficient substantiating proof provided which would support adding the RVN POR training course.

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 adding to item 14 of his DD Form 214 the Airborne Training and Ranger Training.

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 adding to his DD Form 214:

* Item 11, secondary MOS 11F4V
* Item 13, overseas service bars and service stripes
* Item 14, RVN POR Training Course



      _______ _   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)                                         AR20140019729





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ABCMR Record of Proceedings (cont)                                         AR20140019729



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