IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013503 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013503 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. deleting the Vietnam Service Medal and the "Sharpshooter (Rifle)" from his DD Form 214; and b. adding to his DD Form 214 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar. 2. The Board further determined 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 any correction in excess of the above corrections. ____________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. IN THE CASE OF: BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013503 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 he completed cook (food service) school and all of his authorized awards and decorations. 2. The applicant states his DD Form 214 is incomplete. 3. The applicant provides no supporting documentation. 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 30 October 1969 for a 3 year period. 3. His DA Form 20 (Enlisted Qualification Record) shows: * service in Vietnam from 31 January through 10 November 1971 with Company A, 69th Engineer Battalion * his training assignments included basic combat training, advanced individual training in military occupational specialty (MOS) 05B – radio operator and basic airborne training for which he was permanently disqualified on 15 May 1970 * on the job training (OJT) for MOS 94B (cook) * awards – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (1970) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (1969) * 37 days of AWOL * not eligible for reenlistment 4. The applicant's DD Form 214 shows he was discharged on 11 September 1972 with an under honorable conditions character of service under the provisions of paragraph 5-3 (Secretarial Authority) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) with a reenlistment code of 3B. a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar b. item 25 (Education and Training Completed) – basic combat training. c. item 30 (Remarks) – service in Vietnam from 31 January to 10 November 1971. 5. The available record does not contain orders for any awards or decorations. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It states all formal in-service (full-time attendance) training courses successfully completed are to be listed on the DD Form 214. 2. Army Regulation 600-8-22 (Military Awards) states: a. 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. This regulation also lists the designated campaign periods for the Vietnam Service Medal including the Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and the Consolidation I (1 July - 30 November 1971). b. Soldiers are authorized marksmanship badges based on their most recent weapons qualification score. 3. Department of the Army General Orders (DAGO) Number 8, 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units: a. Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. According to the applicant’s records, he did not complete a formal in-service food service specialist course. He received his training as a cook in an OJT status. Without his training in a formal in-service course, inclusion of OJT on the DD Form 214 is not authorized. 2. The applicant qualified as a sharpshooter during basic training and subsequently as an expert with his service rifle. His DD Form 214 incorrectly shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 3. The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal. The bronze service stars were not entered on his DD Form 214. 4. DAGO Number 8, 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam. This unit award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013503 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013503 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2