IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150012777 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: 3 November 2016 DOCKET NUMBER: AR20150012777 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 showing the following on his reissued DD Form 214: * National Defense Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Army Commendation Medal * Bronze Star Medal * Vietnam Service Medal with silver service star * Parachutist Badge * Parachute Rigger Badge * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar. * Marksman Marksmanship Qualification Badge with Machinegun 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: * Completion of the Military Free Fall School * Military occupational specialty 43E2P * Change of his pay grade as E-5 * Change of his narrative reason for separation ___________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: 3 November 2016 DOCKET NUMBER: AR20150012777 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, in two separate submissions, requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing: * All of his awards and decorations * His completion of the Military Free Fall School * His military occupational specialty (MOS) 43E2P (Parachute Rigger with parachutist qualification) * His pay grade as E-5 * His narrative reason for separation changed to Service Characterization Upgraded 2. The applicant states he is grateful for the Board’s favorable decision on his earlier request for an upgrade of his characterization of service and reissuance of his DD Form 214. However, there are still a few things he feels still need to be corrected in the reissued DD Form 214 and would like the Board to consider. a. ln Item 13 his previous awards and decorations were omitted and he wants them added. b. In Item 14 his attendance at Military Free Fall School in the summer of 1970 was omitted. He was with the 75th Rangers at Ft. Carson, Colorado. c. In the document titled Record of Proceedings, Under Consideration of Evidence in paragraph 3 there should have been another MOS, specifically 43E2P. He earned this MOS at the Quartermaster School at Ft. Lee, Virginia in January 1967. He also earned the Parachute Rigger Badge. d. Under Consideration of Evidence, paragraph 4, states that on 10 January 1967, he received non-judicial punishment (NJP) for failing to go at the time prescribed to his appointed place of duty. However, it fails to state that he said at the time that the Bus he was on from New York had broken down on the way and he had to wait for another bus. It was not premeditated or intentional behavior. He was 18 years old and took his service seriously. e. Under Consideration of Evidence, paragraph 6, the NJP he received in the Republic of Vietnam (RVN) was not properly evaluated. He was told by a staff sergeant, pay grade E-6, to move the vehicle to another spot 1000 meters away. That individual then boarded a Helicopter for places unknown. He never told anyone about ordering him to move the vehicle. f. His honorable DD Form 214, showing his combat service in the RVN, indicates he was discharged as a private, pay grade E-1 (sic) E-2, after having earned an Army Commendation Medal and a Bronze Star Medal. He has tried to get DA Forms 1 (Morning Report) from St. Louis for the last months he served in the RVN to confirm he had volunteered to be a radio telephone operator for a forward observer with an infantry unit. He was unsuccessful. His volunteering was never mentioned. He also contends that he should have been discharged at least in the pay grade of E-5. g. These things are important because they are his history. He made mistakes because of his mental illness, though he did not know at the time. His personal documents show his struggle to get these errors corrected. Each time he met with intransigence and indifference. h. His entire effort has been about honor. No matter what anyone wants to believe, that has been his driving force. So he is asking correction of these final items so he can finally show his record to his family with some sense of pride and dignity. i. The last item has to do with the Defense Finance and Accounting Service (DFAS) mailing address, email address and telephone number he was given which seems to be incorrect. He does not get a response and wants to know if there is a better way to contact DFAS. 3. The applicant provides copies of: * A DA Form 1 for 101st Airborne Division, U.S. Army Pacific (USARPAC) dated 26 April 1968 * A Standard Form (SF) 600 (Chronological Record of Medical Care) for the period 10 July to 14 December 1970, with cover letter from applicant dated10 September 2012 * A Confidential Medical Report – Psychiatric Disability, dated 30 March 2000 * A Post-Traumatic Stress disorder (PTSD) checklist, dated 15 August 2011 * A letter from a licensed clinical psychologist to whom it may concern, dated 30 November 2011 * A letter from a licensed clinical psychologist to whom it may concern, dated 16 December 2011 * A letter from the applicant to the Director, ABCMR, dated 24 March 2012 * Progress Notes, Primary Care Outpatient Clinic, dated 2 October 2014 * A Clinical Assessment – Adult, Lake County Health Department, dated 14 October 2014 (15 pages) * ABCMR Record of Proceedings (ROP) dated 12 February 2015 (11 pages) * A DD Form 214 (Certificate of Release or Discharge from Active Duty) issued in 2015 * A letter from the applicant to the Chief, Case Management Division, ARBA, dated 7 September 2015 * A letter from the applicant to the Chief, Case Management Division, ARBA, dated 10 June 2016 * An Information Paper for MOS 36E, undated (pages 1 to 5) CONSIDERATION OF EVIDENCE: 1. On 26 May 1966, the applicant enlisted in the Regular Army. He completed his initial basic training to include the Light Weapons Infantryman Course. He was awarded the corresponding MOS 11B. 2. Special Orders Number 184, Fort Ord, California, dated 14 September 1966, announced the applicant’s qualification as a 2nd Class Gunner (Marksman) with the M-60 Machinegun, authorizing him the Marksman Marksmanship Qualification Badge with Machinegun Bar. 3. Records show that the applicant was advanced to private, pay grade E-2 on 26 September 1966. 4. In October 1966, the applicant was enrolled in the Basic Airborne Course at Fort Benning, Georgia. Records show that Special Orders Number 256, Fort Benning, Georgia, dated 2 November 1966 announced his award of the Parachutist Badge. 5. On or about 22 November 1966, the applicant was enrolled in the Parachute Packing , Maintenance, and Air Delivery Course located at Fort Lee, Virginia. He successfully completed this training in 1967 and was awarded the corresponding MOS 43E2P. 6. On or about 5 March 1967, the applicant departed the United States for duty in the Republic of Korea (ROK). He was assigned to ASCOM Depot as a parachute packer. 7. Records show the applicant was advanced to private first class, pay grade E-3 on 30 March 1967. 8. Records show the applicant was reassigned in May 1967 to Battery B, 4th Battalion, 76th Artillery Regiment, 7th Infantry Division. He was subsequently assigned duty as a radio telephone operator (RTO). 9. Records indicate that on or about 20 July 1967, the applicant’s MOSs of 11B and 43E were withdrawn and he was awarded MOS 13A1P (Field Artillery Basic with Airborne qualification). 10. Special Orders Number 227, 7th Infantry Division, dated 15 August 1967, announced the applicant’s qualification as a sharpshooter with the M-14 rifle, authorizing him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 11. On or about 19 December 1967, the applicant departed the ROK for duty in the RVN, where he was assigned as an RTO with 2nd Battalion, 320th Artillery Regiment. 12. General Orders Number 5310, 101st Airborne Division, dated 4 September 1968, announced the applicant’s award of the Army Commendation Medal for Meritorious Achievement during 1 March to 31 July 1968. 13. A DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice) dated 28 October 1968, shows the applicant accepted NJP for the wrongful appropriation of a ¼ ton truck (M-151). He did not submit any matters in extenuation, mitigation, or defense. His punishment included a one month forfeiture of $27.00 and reduction to private, pay grade E-2. The applicant did not appeal his punishment. 14. On or about 15 January 1969, the applicant departed the RVN and travelled to Oakland, California. 15. On 18 January 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He had completed 2 years, 7 months, and 23 days of creditable active duty service. His DD Form 214 for this period of service shows his awards as: * National Defense Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Parachutist Badge * Vietnam Service Medal * Bronze Star Medal 16. On 14 April 1969, the applicant reenlisted in the Regular Army beginning as a private, pay grade E-2. He enlisted for warrant officer flight training (WOFT) and was immediately ordered to Fort Wolters, Texas as a Warrant Officer Candidate (WOC). 17. Records indicate that the applicant was enrolled in WOC training on 15 April 1969. On 28 April 1969, he was assigned to the 9th WOC in the pay grade of E-5. 18. Records show the applicant was eliminated from WOFT effective 8 July 1969 due to his lack of military development. On 29 July 1969, he departed Fort Wolters for duty at Fort Bragg, North Carolina. 19. Records show the applicant was absent without leave (AWOL) from on or about 16 August 1969 to 12 January 1970 (approximately 150 days). 20. Records indicate the applicant was assigned on 13 January 1970 to the Special Processing Detachment, U.S. Army Garrison, Fort Carson, Colorado. He was shown as a duty Soldier. 21. Special Court-Martial Order Number 239, Fort Carson, Colorado, dated 17 February 1970, indicates that the applicant, before a special court-martial, pled guilty to the charge and specification concerning his AWOL discussed in the previous paragraph. He was found guilty. His sentence consisted of a forfeiture of pay, detention and restriction. 22. Records indicate that the applicant was advanced to private first class, pay grade E-3 on 31 March 1970. 23. On 5 October 1970, the applicant was assigned to Company B, 75th Infantry (Ranger) at Fort Carson, Colorado. His duty position is not available. 24. On 20 October 1970, the applicant was advanced to specialist four, pay grade E-4. 25. Records show the applicant was AWOL from 3 May to 31 August 1971 (approximately 121 days). He was reported as a duty Soldier on 1 September 1970 and as in confinement at Fort Ord, California from 3 to 30 September 1971. 26. The discharge packet is missing from his military records. However, his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was administratively discharged on 30 September 1971, under the provisions of Army Regulation 600-200, Chapter 10, for the good of the service. His service was characterized as under other than honorable conditions. He completed 1 year, 7 months and 29 days of creditable active duty during this period and had 298 days of lost time due to AWOL and confinement. This document also shows his rank as private, pay grade E-1; and no awards or training for this period of service. 27. On 12 February 2015, this Board recognized the applicant’s PTSD affliction and granted him partial relief by upgrading his characterization of service to general, under honorable conditions. Accordingly, he was reissued a DD Form 214 showing this characterization and a rank of specialist four, pay grade E-4 which he held prior to discharge. No awards or training were shown on the reissued document. The narrative reason and authority remained unchanged. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides: a. that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. that the Parachute Rigger Badge may be awarded retroactively to any individual who graduated from the Parachute Rigger school after May 1951 and held an awarded MOS of 43E. c. that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN after 3 July 1965 through 28 March 1973. d. that based on the applicant's dates of service in the RVN, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive, Phase VI. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes participation in five campaigns. e. that the Vietnam Campaign Medal with 1960 Device. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 2nd Battalion, 320th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 51, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 48, dated in 1971 for award of the RVN Civil Actions Honor Medal First Class Unit Citation. 3. Records show that the 7th Infantry Division was awarded the ROK Presidential Unit Citation for service in the ROK from 1953 to 1971. DISCUSSION: 1. The applicant contends that his reissued DD Form 214 should be corrected by showing: * All of his awards and decorations * His completion of the Military Free Fall School * His military occupational specialty (MOS) 43E2P (Parachute Rigger with parachutist qualification) * His pay grade as E-5 * His narrative reason for separation changed to Service Characterization Upgraded 2. The available evidence shows that the applicant served during two separate periods and was issued a DD Form 214 for each period of service. During his first period of service from May 1966 to January 1969, he completed airborne training and the Parachute Rigger School. This training is properly recorded on his DD Form 214 for that period of service. However, the records also indicate that during this period of service, his MOSs of 45E and 11B were withdrawn and he was awarded an MOS of 13A1P. This remaining MOS was properly recorded on his DD Form 214 for this period of service. 3. The available evidence shows that the applicant reentered the Regular Army in April 1969 and was enrolled in WOFT. It is customary to pay cadets at the E-5 pay grade while under-going such training. Records show that the applicant was accordingly so paid. However, he did not complete this training and was properly returned to his private, E-2 status. There is no evidence of record showing that the applicant was ever promoted to pay grade E-5. The highest rank and pay grade he held was specialist four, E-4, which is reflected on his reissued DD form 214. 4. The applicant contends that he completed the Military Free Fall School during the summer of 1970 while assigned to the 75th Infantry Regiment. However, records indicate he was not assigned to this unit until October, 1970. Further, there is no evidence of his attending or completing this training or any other training during this period of enlistment. Accordingly, the reissued DD Form 214 should not reflect completion of any training during this period. 5. The applicant contends that the narrative reason for separation shown on his reissued DD Form 214 should be changed to read as Service Characterization Upgraded. The previous Board determined that the reason and authority for the applicant’s discharge was proper and equitable in that it clearly shows he was separated as a result of his voluntary request for an administrative separation. There are no provisions for showing the entry as he requests and to do so would result in a meaningless entry. 6. At the time of the applicant’s service, the DD Form 214 contained information pertaining only to the period of service covered by that document. A few years after his last discharge, the procedure was changed to permit showing all awards and decorations for all periods of service. His reissued DD Form 214 should be corrected accordingly. 7. The applicant’s last item is a request for a better way to contact DFAS, which is not a records correction issue. He claims that the contact information he has does not work; but failed to provide what information he is using. It is suggested that he go to www.dfas.mil for more detailed information.//NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012777 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012777 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2