IN THE CASE OF: BOARD DATE: 23 September 2021 DOCKET NUMBER: AR20200003269 APPLICANT REQUESTS: the following: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 5a (Grade, Rate, or Rank) – specialist five (SP5) * Item 23a (Specialty Number and Title) – a secondary military occupational specialty (MOS) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Bronze Star Medal and Combat Medical Badge * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 27 * General Orders (GO) Number 740 * Privacy Act Release form and Congressional email FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); 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 he was awarded the Bronze Star Medal at a company gathering and it should be noted on his DD Form 214. He was awarded the Combat Medical Badge after serving in Vietnam from June 1969 to June 1970. There was plenty of time to complete the paperwork. He never reviewed his DD Form 214 until recently. The Board should consider his requests because he earned the promotion and badges. 3. The applicant provides: * SO Number 237, dated 25 August 1969, announcing his award of the Combat Medical Badge * GO Number 740, dated 21 May 1970, announcing his award of the Bronze Star Medal 4. The applicant's record contains sufficient evidence to support two additional awards not shown on his DD Form 214. His DD Form 214, for the period ending 26 June 1970, will be administratively corrected without Board action to show his award of the Combat Medical Badge and Bronze Star Medal. 5. He was inducted into the Army of the United States on 18 September 1968. He served in Vietnam from 29 June 1969 to 28 June 1970. He was promoted to SP5/E-5 on 17 April 1970. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (MOSs) – he was awarded primary MOS 92B (Medical Lab Specialist) on 18 November 1968; this item does not show he was awarded a secondary MOS * Item 38 (Record of Assignments) – he served in MOS 92B from 11 December 1968 to 23 June 1970 7. He was honorably released from active duty on 26 June 1970 as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 9 months, and 9 days of net service this period, including 11 months and 27 days of foreign service. This form also shows in: * Item 5a – SP5 * Item 5b (Pay Grade) – E-5 * Item 6b (Date of Rank) – 17 April 1970 * Item 23a – MOS 92B, Medical Lab Specialist * Item 24 – * National Defense Service Medal * Army Commendation Medal * Vietnam Campaign Medal * Vietnam Service Medal * two Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) d. He was honorably discharged from the USAR on 1 September 1974. His orders show he held the rank of SP5 and MOS 92B. 6. By regulation Army Regulation (AR) 635-5 (Separation Documents), the information entered thereon reflects the conditions as they existed at the time of separation. It stated for: * items 5a and 5b –show the active duty rank pay grade at time of separation * item 6 (Date of Rank) –show the effective date of the rank/pay grade * item 23a – show the primary MOS code number and title held by the member of the date of separation 7. AR 15-185 (ABCMR), applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board concurred with the corrections described in Administrative Note(s) below. 3. The regulation governing preparation of the DD Form 214 in effect at the time of the applicant's release from active duty did not provide for listing a secondary MOS on the form. Further, the Board found no evidence in the available records confirming the applicant was awarded a secondary MOS. The Board determined the absence of a secondary MOS on his DD Form 214 is not in error. 4. The applicant's rank is shown as SP5/E-5 in item 5a and 5b on his DD Form 214. The Board found no error to correct with regard to his rank and pay grade. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 making the corrections described in Administrative Note(s) below. 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 relief in excess of that described above. 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): A review of the applicant's records shows he was awarded/authorized the following awards which were not listed on his DD Form 214. Add the following awards to his DD Form 214, provide him a copy of the corrections, and file the corrections in his Official Military Personnel File. * Bronze Star Medal * Combat Medical Badge * Three bronze service stars with his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. It also stated for: * Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) – list the active duty rank/pay grade at time of separation * Item 6 (Date of Rank) – list the effective date of the rank/pay grade in items 5a and b * Item 23a (Specialty Number and Title) – list the primary military occupational specialty (MOS) code number and title held by the member on the date of separation as recorded in item 22 (MOS’s) of the DA Form 20 (Enlisted Qualification Record) 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003269 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1