IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005206 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: a. Award of the Army Good Conduct Medal. b. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his place of birth as Olympia vice Olympic, WA * his last duty assignment as the 46th Special Forces (SF) Company, U.S. Army Regional Support, Thailand (USARSUPTHAI) vice USARSUPTHAI * his military occupational specialty (MOS) as 91B4S vice 91B45 * award of the Army Commendation Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge [with Rifle Bar], Parachutist Badge, Thai Parachutist Badge and Fourragere, and Letter of Commendation * his training at the Airborne Course, 1st and 2nd Phase SF Aidman Course, Advanced Medical Training Course, SF Advanced Enlisted Course, and the Jungle Operations Training Course 2. The applicant states there are a few typographical errors on his DD Form 214 and he was processed out so fast that his records were not reviewed or assembled. He recently requested and received his DD Form 214 and realized there were errors and omissions. 3. The applicant provides his DD Form 214, three orders, a letter, and six certificates/diplomas. 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 was inducted into the Army of the United States on 15 May 1968. He was honorably discharged on 20 May 1968, for the purpose of enlistment in the Regular Army. Item 8 (Place of Birth) of the DD Form 214 he was issued for this period of service contains the entry Olympia, WA. 3. He enlisted in the Regular Army on 21 May 1968. He completed basic combat training and advanced individual training and was awarded MOS 91A (Medical Corpsman). 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that on: * 2 October 1968, he was assigned to Fort Benning, GA, for attendance at the 3-week Airborne Course * 4 November 1968, he was assigned to the U.S. Army SF (USARSF) Training Group, Fort Bragg, NC, for SF training * 14 March 1969, he was attached to the Brook Army Medical Center (BAMC), Fort Sam Houston, TX * 4 August 1969, he was attached to the Student Detachment, Fort Sill, OK * 28 September 1969, he was released from attachment and reassigned to the USARSF Training Group, Fort Bragg. 5. He successfully completed training and was awarded MOS 91B4S (Medical Specialist - SF Qualified). 6. The applicant provides a: * diploma, dated 31 October 1968, wherein it shows he successfully completed the Airborne Couse, given at Fort Benning * diploma, dated 19 September 1969, wherein it shows he successfully completed the 1st and 2nd Phases of the SF Aidman Course, given at BAMC, Fort Sam Houston * certificate, dated 14 November 1969, wherein it shows he was a graduate of the SF Advanced Medical Training Course, given at Fort Bragg * certificate, dated 19 December 1969, wherein it shows he was a graduate of the SF Advanced Enlisted Course, given at Fort Bragg * Letter of Commendation, dated 19 December 1969, wherein the Commandant, U.S. Army Institute for Military Assistance, Fort Bragg, commended him for being selected as the honor graduate of the SF Advanced Enlisted Course 7. On 19 September 1969, he was promoted to the rank/grade of staff sergeant (SSG)/E-6. On 9 January 1970, he was assigned in MOS 91B4S to the 7th Special Forces Group (SFG), Fort Bragg. 8. The applicant provides a certificate, dated 3 April 1970, wherein it shows he completed the Jungle Operations Training Course, given at the U.S. Army Jungle Operations Course, Fort Sherman, Panama. 9. He served in Thailand from 7 November 1970 to 14 May 1971 while assigned to the 46th SF Company, 1st SFG, USARSUPTHAI. 10. He was honorably released from active duty on 14 May 1971 in the rank of SSG and he was transferred to the USAR. He completed 2 years, 11 months, and 24 days of creditable active service during this period and had 6 days of prior active service (a total of 3 years) with no lost time. 11. The DD Form 214 he was issued for this period of service shows the following entries in: * item 8 - Olympic, WA * item 12 (Last Duty Assignment and Major Command) - USARSUPTHAI * item 23a (Specialty Number and Title) - 91B45 * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) - National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal * item 25 (Education and Training Completed) - Medical Aidman Course, 91A, Fort Sam Houston, 10 weeks, 1968 12. The applicant provides: a. General Orders (GO) Number 91, dated 25 June 1971, issued by Headquarters (HQ), USARSUPTHAI, awarded him the Army Commendation Medal for the period 17 December 1970 through 20 May 1971. b. A Special Warfare Center Order, subject: Special Award to Foreign Soldiers, issued by Thailand Army Colonel TS, wherein it stated the Thai Parachutist Badge and Fourragere was awarded to selected members of the 46th SF Company, 1st SFG, who had worked successfully with the Special Warfare Center and had also participated in jumps with Thai soldiers. The attached list shows the applicant was awarded the novice Thai Parachutist Badge. 13. His record is void of an authorization allowing him to accept and wear this foreign award. 14. His DA Form 20 also shows in: * item 20 (Birthplace and Citizenship) he was born in Olympia, WA * item 27 (Military Education) that he attended and successfully completed the 10-week Medical Corpsman Course in MOS 91A in 1968 and the 41-week SF Medical Specialist Course in MOS 91B in 1969 * item 29 (Qualification in Arms) he qualified as expert with the M-14 rifle and the M-16 rifle * item 38 he received all “excellent” conduct and efficiency ratings throughout his military service 15. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 16. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 17. Army Regulation 600-8-22 (Military Awards) governs foreign badges. It states: a. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient. b. Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation. This authority may be further delegated to commanders charged with custody of military personnel record files. Appendix D does not list the Thailand Parachutist Badge and Fourragere as an authorized foreign badge. 18. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service on the DD Form 214. a. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. b. In item 12 enter the last duty assignment and major command. c. In Item 25 list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION AND CONCLUSIONS: 1. The applicant provides GO that show he was awarded the Army Commendation Medal; this award is not shown on his DD Form 214. 2. He served honorably from 15 May 1968 through 14 May 1971. He attained the rank of SSG and received all “excellent” conduct and efficiency ratings throughout his military service. His record is void of any derogatory information or commander's disqualification that would have disqualified him from receiving the Army Good Conduct Medal. He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. It is evident errors were made during the preparation of his DD Form 214 as his record confirms he was born in Olympia, he held MOS 91B4S, and his last duty assignment was with the 46th SF Company. His DD Form 214 shows his birthplace as Olympic, his MOS as 91B45, and his last duty assignment only shows the major command and not his unit of assignment. 4. The evidence of record shows he completed the 3-week Airborne Course in October 1968, 41-week SF Advanced Medical Specialist Course in November 1969, and the 5-week SF Advanced Enlisted Course in December 1969; none of which are shown on his DD Form 214. 5. Upon completion of the 3-week Airborne Course, he would have been awarded the Parachutist Badge and his record shows he qualified as expert with the M-14 and M-16 rifles. However, his DD Form 214 does not show the Parachutist Badge or either marksmanship badges.  6. With respect to the 1st and 2nd Phases of the SF Aidman Course Training Course, his DA Form 20 shows he completed the 41-week SF Advanced Medical Specialist Course in 1969. It is presumed these individual courses were part of the 41-week course and as such do not meet the criteria to be listed separately on his DD Form 214. 7. With respect to the Jungle Warfare Training Course and Letter of Commendation, the governing regulation states training courses for combat skills and letters of appreciation and like documents are not listed on the DD Form 214. 8. With respect to the Thai Parachutist Badge with Fourragere, his record is void of any evidence that shows he was authorized to accept and wear this foreign badge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 the period 15 May 1968 through 14 May 1971 * deleting from item 8 of his DD Form 214 the entry Olympic and replacing it with the entry Olympia * adding to item 12 of his DD Form 214 the entry 46th Special Forces Company * deleting from item 23a of his DD Form 214 the entry 91B45 and replacing it with the entry 91B4S * adding to item 24 of his DD Form 214 the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * adding to item 25 of his DD Form 214 the: * Airborne Course, 3 weeks, October 1968 * SF Advanced Medical Specialist Course, 41 weeks, November 1969 * SF Advanced Enlisted Course, 5 weeks, December 1969 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 the 1st and 2nd Phases of the SF Aidman Course, Jungle Operations Training Course, Thai Parachutist Badge and Fourragere, and Letter of Commendation. ___________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) AR20150005206 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005206 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1