IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20200001375 APPLICANT REQUESTS: The applicant requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) and an Honorable Discharge Certificate for his U.S. Army Reserve (USAR) service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Three DD Forms 214 (respectively, two "Armed Forces of the United States Report of Transfer or Discharge" and one "Report of Separation from Active Duty") * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * DA Form 2 (Personnel Qualification Record – Part I) * Sixth United States Army Order Number 40-1779 (U.S. Army Reserve Honorable Discharge Order) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), Section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he should have been issued a DD Form 214 for his active USAR service; he served three periods of active duty and one term as a USAR Soldier. In addition, the applicant asserts the USAR failed to reflect his promotion to sergeant first class (SFC)/E-7. In support of his claims, the applicant provides documents from his official military personnel file. 3. The applicant's service records show: a. On 18 September 1969, the applicant was inducted into the Army of the United States (AUS) for 2 years; on 23 September 1969, he was honorably discharged from the AUS, and he immediately enlisted into the Regular Army for a 3-year term. Following completion of initial training, orders assigned him to Vietnam, and he arrived on 21 March 1970. b. The applicant served in two units while in Vietnam: 632nd Heavy Maintenance Company (21 March 1970 to 5 June 1970) and 79th Maintenance Battalion (6 June 1970 to 10 February 1972). During the applicant's Vietnam service, he was awarded one Army Commendation Medal for meritorious achievement, a second Army Commendation Medal for meritorious service, and a Bronze Star Medal for meritorious service. c. On 14 February 1972, the applicant departed Vietnam, and, on 15 February 1972, he was honorably released from active duty for the convenience of the government (early separation for overseas returnees). His DD Form 214 shows he completed 2 years, 4 months, and 22 days of net active duty service the applicant was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation. The applicant was awarded or authorized: * National Defense Service Medal * Army Commendation Medal (2nd Award) * Bronze Star Medal * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal with Device (1960) d. Effective 28 March 1973, the applicant was honorably discharged from the USAR Control Group (Annual Training), and, on 29 March 1973, he immediately reenlisted into the Regular Army for 3 years. After completing military occupational specialty (MOS) training in 71G (Medical Records Specialist), orders reassigned the applicant to Germany, and he arrived on 22 July 1973. Effective 13 September 1974, the applicant's chain of command promoted him to specialist five (E-5). On 17 June 1976, the applicant completed his Germany tour, and, on 19 June 1976, he was honorably discharged for the convenience of the government (insufficient time remaining for reassignment). His DD Form 214 shows he completed 3 years, 2 months, and 21 days of net active service; he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Army Commendation Medal (1st Award) * Vietnam Cross of Gallantry with Palm e. On 6 November 1976, the applicant enlisted into the USAR Ready Reserve for 1 year. Effective 4 November 1977, the applicant was honorably discharged from the "USAR Ready," per Sixth U.S. Army published Order Number 40-1779, dated 28 February 1978; on 5 November 1977, the applicant immediately reenlisted in the USAR Ready Reserve for another 3 years; his adjusted expiration term of service in the USAR became 4 November 1980. f. Effective 13 December 1977, the applicant USAR chain of command promoted him to staff sergeant (SSG)/E-6. g. On 10 September 1978, the applicant voluntarily requested reassignment to the USAR Control Group (Reinforcement), citing paragraph 2-18 (USAR Control Group (Reinforcement)), Army Regulation (AR) 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers). Effective 25 September 1978, 53rd USAR Command Orders Number 78-3 reassigned to the applicant to the USAR Control Group (Reinforcement); the order shows the applicant's rank as SSG/E-6. h. Reserve Components Personnel and Administration Center (RCPAC) Orders Number 10-1068245, dated 29 October 1980, honorably discharged the applicant from the Ready Reserve, effective 4 November 1980. i. The applicant's service record is void of any documentation showing he was promoted to SFC/E-7 during either his active duty or his USAR service. 4. The applicant requests the Board direct the issuance of a DD Form 214 for his USAR service; the evidence of record shows, after his 19 June 1976 Regular Army discharge, the applicant enlisted into the USAR Ready Reserve for 1 year, then, on 5 November 1977, immediately reenlisted for an additional 3 years. In September 1978, he requested transfer to the USAR Control Group (Reinforcement), where he remained until is USAR expiration term of service. RCPAC honorably discharged the applicant from the Ready Reserve on 4 November 1980. a. Per AR 635-5 (Separation Documents), in effect at the time, DD Forms 214 are only issued to members of the USAR when they have been on active duty for periods of 90 or more days. b. The USAR separation regulation (AR 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel)) stated notification of discharge for a USAR Soldier was accomplished by either actual or constructive delivery of the discharge certificate and separation orders; in the case of a constructive delivery, both documents were to be forwarded to the address provided by the separating USAR Soldier. In the event the discharge certificate and separation orders were returned as undeliverable, both documents were to be destroyed. 5. Regarding the applicant's rank at the end of his USAR service, neither the applicant's service record, nor the evidence submitted by the applicant, indicate he was promoted to SFC/E-7 prior to the expiration of his USAR service. BOARD DISCUSSION: After reviewing the application and all supporting evidence, in addition to the administrative notes found by the analyst of record to add authorized awards to the applicant’s record, the Board found sufficient evidence to grant partial relief. 1. Pertaining to the applicant’s request for a DD Form 214 for his seven years of service in the USAR, the Board found insufficient evidence to grant relief. Per regulation, a DD Form 214 is only issued for active Army service when the active Army service meets certain regulatory requirements. A DD Form 214 is not issued for inactive service (service in the USAR or ARNG). Therefore, the Board denied this portion of the applicant’s request. 2. Pertaining to the applicant’s request for a USAR honorable discharge certificate, the Board found sufficient evidence to grant relief. Per regulation, a discharge certificate and separation orders are to be forwarded to the address provided by the separating USAR Soldier. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the awards granted in the administrative notes, the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. As a result, the Board 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 issuing the applicant a DD Form 214. 2. However, the Board determined the evidence presented is sufficient to warrant a portion of the requested relief and recommends that the applicant receive a USAR Honorable Discharge Certificate, effective 4 November 1977. 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. 2. AR 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign; a silver service star is issued in-lieu of five bronze service stars. Recognized campaigns for Vietnam include: * Vietnam Winter – Spring 1970 (1 November 1969 to 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) * Consolidation I (1 July 1971 to 30 November 1971) * Consolidation II (1 December 1971 to 29 March 1972) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows: a. Department of the Army General Orders (DAGO) Number 43, dated 1971, awarded the Meritorious Unit Commendation to the 632nd Maintenance Company for the period 30 May 1970 to 30 June 1971. b. DAGO Number 43, dated 1971, awarded the Meritorious Unit Commendation to Headquarters and Headquarters Detachment (HHD), 79th Maintenance Battalion for the period 30 May 1970 to 30 June 1971. DAGO Number 5, dated 1973, awarded HHD, 79th Maintenance Battalion a second Meritorious Unit Commendation for the period 1 July 1971 to 31 March 1972. 4. As a result, amend his DD Form 214, ending 19 June 1976 as follows: a. delete the Vietnam Service Medal and the Army Commendation Medal (1st Award). b. add: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Meritorious Unit Commendation (3rd Award) 5. In addition, issue the applicant Honorable Discharge Certificates for the following two periods of USAR service: 6 November 1976 to 4 November 1977 and 5 November 1977 to 4 November 1980. REFERENCES: 1. Title 10, USC, 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 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. 2. AR 635-5 (Separation Documents), in effect at the time, DD Forms 214 are only issued to members of the USAR when they have been on active duty for periods of 90 or more days. 3. AR 135-178, in effect at the time, stated, in paragraph 1-22 (Notification of Discharge), that a USAR Soldier was notified of his/her discharge by the actual or constructive delivery of the discharge certificate and separation orders; both documents were to be forwarded to the addressed provided by the separating USAR Soldier. In the event the discharge certificate and separation orders are returned as undeliverable, both documents were to be destroyed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001375 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200001375 6 ABCMR Record of Proceedings (cont) AR20200001375 5