BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005397 BOARD VOTE: ____x_____ ___x____ _____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005397 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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 21 April 1967 through 1 April 1970 (Standard Name Line: SP5, Headquarters and Company A, 801st Maintenance Battalion, 101st Airborne Division (Airmobile)); and b. issuing a DD Form 215 (Correction to DD Form 214) to correct his 1 April 1970 DD Form 214 to – * delete the entries from items 5a, 5b, and 6 and add the entries – * item 5a: "SP5 (T)" * item 5b: "E-5" * item 6: "24 Sep 69" * delete all of the entries in item 24 and the – * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 3 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation (1st Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * 2 Overseas Service Bars * add to item 30 the entry: "SP4 (P), E4, APPOINTED 7 MARCH 1968" _____________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: 19 December 2017 DOCKET NUMBER: AR20160005397 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 his rank as specialist five (SP5)/pay grade E-5 and award of the Army Commendation Medal. 2. The applicant states, in effect, that his separation order shows he held the rank of SP5 at the time he was released from active duty (REFRAD). 3. The applicant provides a copy of his separation order. 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 enlisted in the Regular Army on 21 April 1967 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows in – * item 2 (Grade): "SP4 [Specialist Four], E4" * item 3 (DOR (Date of Rank)): "7 Mar 68" * item 8 (Duty MOS [Military Occupational Specialty]): 62B3O * item 22 (MOS) – * SMOS (Secondary MOS): 62B3O, Engineer Equipment Repairman, Awarded: 11 November 1967, Redesignated: 7 March 1968 * PMOS 63B2O, Wheel Vehicle Repairman, 7 March 1968 is "lined-thru" (deleted) * PMOS 63C2O, General Vehicle Repairman, Awarded: 3 October 1969 * item 27 (Military Education) – * Engineer Equipment Maintenance, MOS 62B2O, 1967 * Engineer Equipment Repairer, MOS 62B3O, 1967 * item 29 (Qualification in Arms) – * Rifle (M-14), Marksman, 20 June 1968 * Rifle (M-16), Expert, 4 April 1969 * item 31 (Foreign Service) – * Germany from 8 January 1968 through 16 June 1968 * Republic of Vietnam (RVN) from 19 May 1969 through 3 April 1970 * item 33 (Appointments and Reductions), he was promoted to – * private first class (PFC) E-3, Permanent (P), 30 October 1967, Company L, 2nd Battalion, U.S. Army Engineer Brigade, Unit Order 77 * specialist four (SP4) E-4, Temporary (T), 7 March 1968; Headquarters, 24th Infantry Division, Special Orders (SO) Number 88, 1968 * item 38 (Record of Assignments): Headquarters (HQ) and Company A, 801st Maintenance Battalion, 101st Airborne Division (Airmobile), from 5 June 1969 through 25 March 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Bronze Star Medal * 2 Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle Bar * item 48 (Date of Audit): 22 May 1969 4. Headquarters, U.S. Army Training Center, Fort Campbell, KY, SO Number 137, dated 6 June 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, effective 25 May 1967. 5. Headquarters, 24th Infantry Division, Fort Riley, KS, SO Number 312, dated 7 November 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, effective 20 June 1968. 6. Headquarters, Fort Riley, KS, SO Number 72, dated 4 April 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. 7. Headquarters, 24th Infantry Division, SO Number 88, dated 28 March 1968, pertaining to the applicant, withdrew PMOS 62B3O and awarded him PMOS 63B2O and SMOS 62B3O effective 7 March 1968. The Standard Name Line (SNL) of the order shows his rank as "SP4." 8. Orders issued by Headquarters, 101st Airborne Division (Airmobile), pertaining to the applicant show – * SO Number 276, dated 3 October 1969, withdrew PMOS 63B2O and awarded him PMOS 63C2O effective 24 September 1969 – the SNL shows his rank as "SP5" and that he was assigned to Company C * SO Number 43, dated 12 February 1970, reassigned him from U.S. Army Vietnam on 9 April 1970 to the 22nd Replacement Battalion, Fort Lewis, WA, for separation processing – the SNL shows his rank as "SP4," his PMOS as "63C2O," and that he was assigned to HQ and Company A * General Orders (GO) Number 2410, dated 4 March 1970, awarded him the Bronze Star Medal for meritorious service in RVN from 1 May 1999 to 28 February 1970 – the SNL shows his rank as "SP5," his MOS as "63C2O," and that he was assigned to Company C 9. A DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) issued on 24 November 1970, shows the applicant entered active duty this period on 21 April 1967, he was honorably REFRAD on 1 April 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 2 years, 11 months, and 11 days of net/total active service this period that included 1 year, 3 months, and 20 days of foreign service. It also shows in – * item 5a (Grade, Rate or Rank): "SP4" * item 5b (Pay Grade): "E-4" * item 6 (DOR): "7 Mar 68" * item 23a (Specialty Number & Title): 63C2O, General Vehicle Repairman * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * Bronze Star Medal * 2 Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * item 30 (Remarks) does not contain an entry pertaining to his rank/grade 10. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, SO Number 91, dated 1 April 1970, shows the applicant was REFRAD on 1 April 1970 and transferred to the USAR Control Group (Reinforcement). The order also shows, in pertinent part – * SNL – * Rank: "SP5" * MOS: "63C2O" * For The Individual: Reserve grade, basic branch, component: "SP5 Ordnance, USAR" 11. A review of his military personnel records failed to reveal copies of orders pertaining to the applicant's promotion to SP4 (E-4) and SP5 (E-5). 12. A request for 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, in pertinent part, returned a copy of Headquarters, 101st Airborne Division (Airmobile), GO Number 13685, dated 12 November 1969, that awarded the applicant the Army Commendation Medal for meritorious achievement in RVN from 1 June 1969 to 31 October 1969. 13. A further review of the applicant's military personnel records failed to reveal any additional award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). A review of item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. 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 following campaigns – * Tet Counteroffensive 1969 (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) c. The Marksmanship Qualification Badge is awarded to indicate the degree (i.e., Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment to Headquarters and Company A, 801st Maintenance Battalion, the unit was cited in Department of the Army General Orders (DAGO) for award of the – * Meritorious Unit Commendation for the period 1 November 1968 to 31 May 1969 in DAGO Number 39, 1970 * Meritorious Unit Commendation for the period 1 October 1969 to 30 April 1970 in DAGO Number 48, 1971 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in DAGO Number 48, 1971 b. The pamphlet also shows DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. c. An Oak Leaf Cluster is awarded to denote a second and each succeeding award of certain decorations, among which includes the Meritorious Unit Commendation. 4. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. 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. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. The instructions show, in pertinent part, for – * item 5a, enter grade in which serving at time of separation, indicating whether permanent or temporary (e.g., "SP5 (T)") * item 5b, enter pay grade (e.g., "E-5") * item 6, enter DOR for the grade shown in item 5a * item 30, if grade as shown in item 5 is not permanent, enter permanent grade and date of appointment or DOR, as appropriate (e.g., "Item 5 – SP4 (P), E-4, Appointed 1 May 67") DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show his rank as SP5 (E-5) and award of the Army Commendation Medal. 2. Records show the applicant entered active duty on 21 April 1967 and he was honorably REFRAD on 1 April 1970. a. His DA Form 20, last audited on 22 May 1969, shows he was appointed/promoted to – * PFC (P), E-3, on 30 October 1967 * SP4 (T), E-4, on 7 March 1968 b. There is no evidence of record that shows the applicant received permanent appointment to SP4 (E-4). c. Orders issued by HQ, 101st Airborne Division (Airmobile), show the applicant was assigned to HQ and Company A and also to Company C, 801st Maintenance Battalion, during his tour of duty in RVN. The orders also show in pertinent part – * effective 24 September 1969, he was awarded PMOS 63C2O; his rank was SP5; and he was assigned to Company C * on 12 February 1970, orders were issued that reassigned him for separation processing; his rank was SP4; his PMOS was 63C2O; and he was assigned to HQ and Company A * on 4 March 1970, he was awarded the Bronze Star Medal; his rank was SP5; his PMOS was 63C2O; and he was assigned to Company C d. Orders issued by HQ, U.S. Army Personnel Center, Fort Lewis, WA, on 1 April 1970, show his rank as SP5 and his PMOS was 63C2O. (The order also shows he was transferred to the USAR in the rank of "SP5.") e. Items 5a, 5b, and 6 of his DD Form 214 show his rank as "SP4," grade as "E-4," and DOR as "7 Mar 68" (respectively). Item 23a shows his PMOS as "63C2O." f. Based on the evidence of record, it appears an administrative error occurred with respect to the applicant's rank when he was issued orders that transferred him to the separation activity. (1) This administrative error appears to have resulted in the erroneous entries in items 5a, 5b, and 6 of his DD Form 214. (2) Correction of his DD Form 214 would involve the following items and proposed entries – * items 5a, 5b, and 6: "SP5 (T), E-5, 24 SEP 69" (respectively) * item 30: "SP4 (P), E4, APPOINTED 7 MARCH 1968" 3. The evidence of record shows: a. GOs awarded the applicant the Army Commendation Medal; and b. the applicant qualified for award of the VSM, he participated in three campaigns during his service in Vietnam, and he is authorized three bronze services stars for wear on his already-awarded VSM. c. Department of the Army General Orders awarded his units the – * Meritorious Unit Commendation (1st Oak Leaf Cluster) * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation d. The applicant qualified as Marksman with the M-14 Rifle and later qualified as Expert with the M-16 Rifle. The evidence of record shows he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar. 4. The applicant served a period of continuous, honorable active duty enlisted service from 21 April 1967 through 1 April 1970. 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 SP5 (E-5) and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the Army Commendation Medal for meritorious achievement and the Bronze Star Medal for meritorious service during the period of service under review. d. Based on the available evidence of record and the regulatory guidance in effect at the time, the applicant may be awarded the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005397 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005397 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2