BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002482 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 BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002482 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 award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 amending his rank and pay grade. __________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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160002482 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: a. award of the Bronze Star Medal and b. his rank and pay grade as sergeant (SGT)/E-5. 2. The applicant states he was awarded the Bronze Star Medal and his orders show his rank as SGT/E-5. 3. The applicant provides: * Bronze Star Medal Citation and orders * DD Form 214 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 Army of the United States on 24 October 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows he departed the continental United States en route to Vietnam on 6 September 1967. He was assigned to Headquarters and Headquarters Company, 199th Infantry Brigade, from 19 September 1967 to 5 September 1968. He participated in four campaigns during his assignment in Vietnam. 4. Item 33 (Appointments and Reductions) of his DA Form 20 shows he was appointed to the temporary rank and pay grade of specialist four (SP4)/E-4 effective 14 December 1967. 5. Headquarters, U.S. Army Personnel Center, Special Orders Number 249, dated 5 September 1968, released him from active duty and transferred him to the U.S. Army Reserve. These orders show his rank as SP4. 6. His DD Form 214 shows the following entries: * item 5a (Grade, Rate or Rank) – SP4 (Temporary) * item 5b (Pay Grade) – E-4 * item 6 (Date of Rank) – 14 December 1967 * 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) * item 30 (Remarks) – Item 5a – Private First Class E-3 (Permanent) Appointed 7. He provided Headquarters, 199th Infantry Brigade (Separate) (Light), General Orders Number 1180, dated 28 September 1968, awarding him the Bronze Star Medal for meritorious service for the period September 1967 to August 1968. These orders show his rank as SGT/E-5. 8. There are no orders in his records temporarily or permanently promoting him to SGT/E-5 or orders appointing him as an acting SGT/E-5. 9. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 09-1350984, dated 20 September 1972, discharged him from the U.S. Army Reserve. These orders show his rank as SP4. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Appointments, grade reductions, and grade restoration were announced in routine orders for enlisted personnel to grades E-3 through E-9. 2. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. The instructions stated the active duty grade or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214. The date of rank for the grade shown in item 5a was entered in item 6. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Headquarters and Headquarters Company, 199th Infantry Brigade, was awarded the: * Valorous Unit Award for the period 31 January to 19 February 1968 in Department of the Army General Orders (DAGO) Number 48, dated 1968 * Meritorious Unit Commendation for the period 31 January 1968 to 15 June 1969 in DAGO Number 39, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January to 19 February 1968 in DAGO Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 in DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 in DAGO Number 51, dated 1971 4. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION: 1. General orders show the applicant was awarded the Bronze Star Medal. His DD Form 214 does not show this medal. 2. His DD Form 214 shows award of the Vietnam Service Medal. The evidence of record shows he participated in four campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 does not show these bronze service stars. 3. His Vietnam unit was awarded the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. His DD Form 214 does not show these unit awards. 4. The applicant requests correction of his DD Form 214 to show his rank and pay grade as SGT/E-5. However, the evidence of record shows he held the temporary rank and pay grade of SP4/E-4 at the time he was released from active duty on 5 September 1968. There is no evidence showing he was temporarily or permanently promoted to SGT/E-5. In the absence of promotion orders, the Bronze Star Medal orders showing his rank as SGT is not sufficient as a basis for amending his rank and pay grade 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) AR20160002482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2