IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140019804 


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 the following:

	a.  Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade), change from sergeant (SGT), E-5 to staff sergeant (SSG), E-6.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), correct and/or add:

* Purple Heart (2nd Award)
* Purple Heart (3rd Award)
* Bronze Star Medal to Bronze Star Medal with "V" Device
* Army Commendation Medal to Army Commendation Medal with "V" Device

	c.  Item 25 (Education and Training Completed), add:

* U.S. Army Noncommissioned Officer's (NCO) Academy
* 82nd Airborne Division Air Movement Operations (AMO) Course, Class 7-67
* Senior NCO Class IV, 67-5
* Division Raiders Course

2.  The applicant states the above-named items were missed due to an administrative error.
3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 1228, dated 27 November 1966, issued by Headquarters, 1st Brigade, 101st Airborne Division
* GO Number 551, dated 2 September 1966, issued by Headquarters, 1st Brigade, 101st Airborne Division
* second page of GO Number 2605, dated 29 April 1966, issued by Headquarters, U.S. Army Vietnam
* first page of Special Orders (SO) Number 287, dated 17 November 1967, issued by Headquarters, 82nd Airborne Division
* Letter Orders (LO) Number 4-59, dated 18 April 1967, issued by Headquarters, 101st Airborne Division
* second page of SO Number 273, dated 16 November 1965, issued by Headquarters, U.S. Army Infantry Center
* first page of his DA Form 20 (Enlisted Qualification Record)

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 7 June 1965.  After completing initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade shown as being held in his records is SGT/E-5.

3.  He served in Vietnam from on or about 29 November 1965 to on or about 18 November 1966.  While in Vietnam he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry Regiment.  

4.  He was honorably released from active duty on 7 June 1968.  His 
DD Form 214 shows he completed 3 years and 1 day of net active creditable service.  His rank/grade is shown as SGT/E-5.
	a.  His DD Form 214, as amended by a DD Form 215 dated 18 September 2014 also shows he was awarded or authorized:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart with two bronze oak leaf clusters (3rd Award) (emphasis added)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal with "V" Device (emphasis added) 
* Vietnam Service Medal with three bronze service stars
* Bronze Star Medal with "V" Device (emphasis added)
* Silver Star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  Item 25 shows:

* Basic Training
* Code of Conduct
* Basic Airborne Training
* Nonjudicial Punishment
* Military Justice
* Chemical, Biological, and Radiological (CBR) Training

5.  His DA Form 20 shows the following entries:

	a.  Item 27 (Military Education) is blank.

	b.  Item 28 (Specialized Training) shows:

* Basic Training
* Code of Conduct
* Basic Airborne Training
* Nonjudicial Punishment
* Military Justice
* CBR Training

* Division Raiders Course (3 weeks in length, 17 November 1967) (emphasis added)
* AMO Course (2 weeks in length, 9 November 1967)

	c.  Item 33 (Appointments and Reductions) shows the highest rank/grade held was SGT/E-5.

	d.  Item 38 (Record of Assignments) shows:

* he was in a casual status enroute to Fort McClellan from on or about 20 April 1967 to on or about 31 May 1967, a period of about 6 weeks
* all entries addressing conduct and efficiency have a rating of "excellent"

6.  His records are void of any recommendations for or orders showing promotion to SSG/E-6.  The following orders were found in his records:

	a.  SO Number 273, dated 16 November 1965, issued by Headquarters, U.S. Army Infantry Center showing the applicant was assigned to the U.S. Personnel Center at Oakland Army Base (reporting 22 November 1965), with further assignment to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division in Vietnam.

	b.  GO Number 2605, dated 29 April 1966, issued by Headquarters, U.S. Army Vietnam, awarding the applicant the Purple Heart for wounds received on 17 April 1966.

	c.  LO Number 4-59, dated 18 April 1967, issued by Headquarters, 101st Airborne Division showing the applicant was sent to the U.S. Army NCO Academy at Fort McClellan, AL to attend Senior NCO Class IV, 67-S for a period of 45 days (6 weeks and 3 days).

	d.  SO Number 287, dated 17 November 1967 (emphasis added), issued by Headquarters, 82nd Airborne Division showing the applicant was awarded a certificate of completion for the Division Air Movement Operations Course, Class 7-67 effective 9 November 1967 (emphasis added).

7.  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 first award only, 1 year served entirely during the period 7 December 1941 to 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-martial.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 502nd Infantry Regiment was awarded three unit awards while the applicant was assigned:

* Presidential Unit Citation for the period 2 June 1966 to 20 June 1966 based on Department of the Army General Order (DAGO) Number 59, 1968
* Valorous Unit Award for the period 17 January 1966 to 25 March 1966 in DAGO Number 17, 1968, as amended by DAGO Number 1, 1969
* Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 in DAGO Number 17, 1968

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214.  It states:

	a.  Regarding items 5a and 5 b, enter the grade and pay grade (respectively) in which the Soldier is serving at the time of separation.

	b.  As to item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized using the DA Form 20 as a source.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his/her military service.  Item 25 of the version in effect at the time listed training courses completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests corrections and additions to his DD Form 214 for the period ending 7 June 1968.

	a.  Regarding his request to have his rank/grade shown as SSG/E-6, there is no evidence, nor does he offer any proof, he was either recommended for or promoted to SSG/E-6.  The highest rank/grade shown in his records is SGT/E-5, which is also reflected on his DD Form 214.  No correction is therefore required. 

	b.  He asks the awards section of his DD Form 214 be amended to show the second and third awards of the Purple Heart, the Army Commendation Medal with "V" Device, and the Bronze Star Medal with "V" Device.  These corrections, however, were already completed, as shown in a DD Form 215 dated 18 September 2014.  Thus, these corrections are no longer necessary.  A copy of this DD Form 215 will be provided to him by separate correspondence.

2.  As to the entries showing military education, his records show:

	a.  Orders, dated 17 November 1967, which state he successfully completed the Division AMO Course effective 9 November 1967.  His DA Form 20 also affirms his successful attendance at this course.  Based upon this, his DD Form 214 should be amended to show successful completion of the Division Air Movement Operations Course for a period of 3 weeks in November 1967.

	b.  His DA Form 20 shows he completed a 3-week course titled Division Raiders Course, ending on 17 November 1967, and the AMO Course, ending on 9 November 1967.  The dates of the courses overlap.  He could not have possibly been in two classes at the same time.  If he can provide the certificates of completion for each course, showing the beginning and ending dates, he may resubmit his application to this Board for reconsideration. 

	c.  Orders show he was sent to the U.S. Army NCO Academy at Fort McClellan on or about 21 April 1967 to attend a Senior NCO course.  He asks that two entries be made, one showing he attended the U.S. Army NCO Academy and the other stating he attended the Senior NCO Course.  His records only contain orders (and he only provides orders) which show he attended the Senior NCO Course at the U.S. Army NCO Academy.  As such, only that one entry should be addressed.  Regarding his attendance at the Senior NCO Course:

* his record is void of any information confirming he successfully completed the course
* the orders sending him to the course showed it had a duration of 45 days or about 6 weeks
* his DA Form 20 shows he was at Fort McClellan for about a 6- week period  
* it is reasonable to presume he participated in the class for its full term and, thus, it is very likely he successfully completed it
* based on this, his DD Form 214 should be corrected to show attendance at the Senior NCO Course for a period of 6 weeks in 1967

3.  It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 7 June 1965 to 6 June 1968; therefore, he should be given this award and it should be added to his DD Form 214.

* there is no derogatory information found in his available record
* he received all "excellent" ratings for conduct and efficiency throughout his 3-year term of service

4.  His records show he was assigned to the 2nd Battalion, 502nd Infantry Regiment when it received three unit awards.  His DD Form 214 should be amended to show the award of the following:

* Presidential Unit Citation for the period 2 June 1966 to 20 June 1966
* Valorous Unit Award for the period 17 January 1966 to 25 March 1966
* Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966

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 amending his DD Form 214 for the period ending 7 June 1968 as follows:

	a.  Award the Army Good Conduct Medal (1st Award) for the period 7 June 1965 to 6 June 1968.

	b.  Add to item 24 the following awards:

* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
	c.  Add to item 25 the Senior NCO Course, 6 weeks, 1967.

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 amending his DD Form 214 for the period ending 7 June 1968 to show the following:

* his rank/grade as SSG/E-6
* a separate entry showing attendance at the U.S. Army NCO Academy
* an entry showing completion of the Division Raiders Course
* an entry showing completion of the Division Air Movement Operations 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)                                         AR20140019804





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ABCMR Record of Proceedings (cont)                                         AR20140019804



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