BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150005671 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 that he was promoted to pay grade E-5 and awarded the Combat Infantryman Badge. 2. The applicant states that he noticed the errors when he recently filed for veterans benefits. 3. The applicant provides copies of two Recommended for Promotion Lists and special orders awarding him the Combat Infantryman Badge. 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 U.S. Army on 8 September 1970. He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows in – * item 2 (Grade): SP4 (Specialist Four) E-4 * item 3 (Date of Rank (DOR)): 20 May 1971 * item 31 (Foreign Service), he served in Vietnam from 8 March 1971 through 28 January 1972 * item 33 (Appointments and Reductions): SP4 E-4, DOR – 20 May 1971, per Headquarters, U.S. Army Support Command, Cam Rahn Bay, RVN, Special Orders Number 157 [date or order not entered] * item 38 (Record of Assignments): Company D, 58th Infantry, from 2 April 1971 through 23 January 1972 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * one Overseas Service Bar 4. Headquarters, U.S. Army Support Command, Cam Rahn Bay, RVN, Special Orders Number 265, dated 22 September 1971, awarded the applicant the Combat Infantryman Badge effective 20 September 1971. 5. Headquarters, U.S. Army Support Command, Cam Rahn Bay, RVN, Special Orders Number 22, dated 22 January 1972, reassigned the applicant from Company D, 58th Infantry, to the U.S. Army Transfer Station, Fort Lewis, WA, not later than 24 January 1972, for separation processing. The Standard Name Line (SNL) of the orders shows his rank as SP4. 6. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 29, dated 29 January 1972, released the applicant from active duty effective 29 January 1972. The SNL of the orders shows his rank as SP4. 7. The applicant's DD Form 214 shows he was honorably released from active duty on 29 January 1972 and transferred to a U.S. Army Reserve (USAR) Control Group (Annual Training). He had completed 1 year, 4 months, and 22 days of net active service this period that included 10 months and 21 days of foreign service. It also shows in – * item 5a (Grade, Rate or Rank): SP4 * item 5b (Pay Grade): E-4 * item 6 (DOR): 20 May 1971 * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * one Overseas Service Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar 8. A DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration (VA)), dated 29 January 1972, shows the applicant filed an application for compensation from the VA. It shows he recorded his grade as "E-4" and he placed his signature on the form. 9. Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, Orders Number 08-1163577, dated 24 August 1976, honorably discharged the applicant from the USAR effective 7 September 1976. The SNL of the orders shows his rank as SP4. 10. A review of the applicant's military personnel records failed to reveal evidence of a promotion order, an entry on his DA Form 20, or promotion instrument/certificate showing he was promoted to grade E-5. 11. In support of his application the applicant provides two Headquarters, Qui Nhon Special Troops (Provisional), RVN, reports, dated 9 December 1971 and 31 December 1971, subject: Recommended Promotion List E5/E6, that show, in pertinent part, on 26 November 1971, the applicant was selected for promotion to grade E5 in MOS 11C4O and placed on the recommended promotion list with 576 promotion points. Both lists show the applicant was identified in the category for accelerated promotion in accordance with Department of the Army message 281805Z May 1971 and that all previously published promotion board standing lists to E5/E6 were rescinded. 12. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214. 13. Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, Special Orders Number 344, dated 16 December 1970, awarded the applicant the – * Expert Marksmanship Qualification Badge with Mortar (81 mm) Bar * Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar 14. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant. 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 58th Infantry Regiment was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, 1974. 16. A review of the applicant's military personnel record: a. shows in item 38 of his DA Form 20 he received all "excellent" conduct and efficiency ratings throughout his military service; b. revealed a DA Form 137 (Installation Clearance Record), completed by the commander based on the applicant's departure from his unit on 25 January 1972, that shows the commander evaluated his conduct and efficiency as excellent; c. failed to reveal any adverse or derogatory information; and d. failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 17. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying 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 and 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. 18. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the – * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July - 30 November 1971) * Consolidation II (1 December 1971 - 29 March 1972) 19. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214. It stated, in pertinent part, that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for – * item 5a, enter grade in which serving at time of separation * item 5b, enter pay grade (e.g., E-4) * item 6, enter DOR for the grade shown in item 5b * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show he was promoted to grade E-5 and awarded the Combat Infantryman Badge. 2. Records show the applicant was promoted to SP4 (E-4) on 20 May 1971. a. The evidence of record shows the applicant was selected for promotion to grade E-5 and placed on the recommended promotion list on 26 November 1971. b. Although the applicant was selected for promotion by the board and placed on the recommended promotion list, he would have been promoted only if his promotion points equaled or exceeded the monthly promotion cut-off score for his MOS. c. The evidence of record shows that the applicant's name remained on the recommended promotion list as of 31 December 1971. d. There is no evidence of record that shows he was promoted to grade E-5. e. The orders issued in January 1972 that assigned him to the separation point and released him from active duty on 29 January 1972 show he held the rank of SP4 (E-4). f. Thus, it is concluded that the rank, pay grade, and DOR shown on the applicant's DD Form 214 are correct. 3. The evidence of record also shows: a. special orders awarded the applicant the – * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Mortar (81mm) Bar * Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar b. he qualified for award of the VSM and he participated in three campaigns during his service in Vietnam, which entitles him to three bronze service stars for wear on his already-awarded VSM; and c. DAGO awarded his unit the RVN Gallantry Cross with Palm Unit Citation. 4. The applicant served a period of continuous, honorable active duty enlisted service from 8 September 1970 through 29 January 1972. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP4 (E-4) with less than 9 months of active duty, recommended for promotion to E-5 with less than 15 months of active duty, and he received all "excellent" conduct and efficiency ratings during his service. c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 8 September 1970 through 29 January 1972. 5. In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below. 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 him the Army Good Conduct Medal (1st Award) for the period 8 September 1970 through 29 January 1972 (Standard Name Line: SP4, Company D, 58th Infantry Regiment, U.S. Army Vietnam); b. deleting from item 24 of his DD Form 214 the entry "VSM"; and c. adding to item 24 of his DD Form 214 the – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar * Expert Marksmanship Qualification Badge with Mortar (81 mm) 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 his rank, grade, and date of rank. _______ _ 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) AR20150005671 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005671 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1