IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003841 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be "updated" with regard to his medals and rank. 

2.  The applicant makes no specific statement as to what his rank should be or what medals should be included on his DD Form 214.  He does highlight the rank and grade on the documents provided.

3.  The applicant provides copies of nine pages of service medical and dental records.

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 served on active duty from 2 December 1965 through 1 December 1967.

3.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 4 February 1966, for disobeying a lawful order.

4.  The available records include orders for the –

* Combat Infantryman Badge, dated 7 December 1966
* unit orders appointing him to the temporary rank/pay grade of specialist four (SP4) effective 11 September 1966

5.  His DA Form 20 provides the following information – 

* advancement to SP4 (temporary)/E-4 on 11 September 1966
* service in Vietnam from 15 September 1966 through 14 September 1967
* assignment in Vietnam to Company B, 3rd Battalion, 8th Infantry Regiment 
* National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
* conduct and efficiency ratings for his service prior to his assignment to Vietnam are shown as "excellent," with no recorded conduct and efficiency ratings after 15 September 1966

6.  His DD Form 214 shows –

* his rank and grade as SP4 (permanent)/(E-4)
* 2 years of creditable service with no lost time
* Vietnam Service Medal, Vietnam Campaign Medal, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  The medical and dental records he provided show a rank and pay grade of what appears to be "SSG E-5."

8.  The applicant's record contains no derogatory entries, disciplinary actions, or courts-martial, beyond the NJP shown above, that would suggest he was considered ineligible for award of the Good Conduct Medal.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that while the applicant was assigned to the 3rd Battalion, 8th Infantry Regiment it was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

10.  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 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.

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  the Counteroffensive Phase II, 1 July 1966 - 31 May 1967 and the Counteroffensive Phase III, 1 June 1967 - 29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any official orders showing any consideration for promotion to sergeant or specialist five, much less to staff sergeant.  The rank designation "SSG" stands for staff sergeant and is pay grade E-6, not E-5.  The entries on the medical and dental records are clearly in error.

2.  His DD Form 214 omits his award of the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

3.  He served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.  

4.  The applicant's single instance of NJP occurred during a period for which his conduct and efficiency ratings are shown as "excellent."  He distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  

5.  In addition to the awards shown on the DD Form 214 and DA Form 20, the applicant is also authorized the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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.  awarding the applicant the Army Good Conduct Medal for the period from 2 December 1965 through 1 December 1967;
   
   b.  deleting all of the entries in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214; and
   
   c.  showing at block 24 of the DD Form 214 the applicant's authorized awards as the –
   
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
* Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle 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 showing that the applicant held a rank other than SP4/E-4 at the time of his release from active duty. 




      _______ _   _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)                                         AR20150003841



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003841



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1