BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160005795 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: 11 January 2018 DOCKET NUMBER: AR20160005795 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 9 January 1970 to 28 February 1972; b. Amending item 23b (Specialty Number and Title) of the applicant's DD Form 214 for the period ending 28 February 1972 by deleting the entry "05B45" and replacing it with the entry "05B4S"; c. Amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 28 February 1972 by: (1) deleting the entry "Vietnam Service Medal" and replacing it with the entry "Vietnam Service Medal with 3 bronze service stars"; and (2) adding the Army Good Conduct Medal (1st Award), the Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation. ___________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: 11 January 2018 DOCKET NUMBER: AR20160005795 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, in effect: a. correction of item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 February 1972 to show his military occupational specialty (MOS) number as "05B4S" instead of "05B45"; and b. correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 28 February 1972 to show any missing awards and decorations, in particular unit citations, which he may be authorized. 2. The applicant states, in effect, his specialty number (i.e., MOS) as shown on his DD Form 214 contains a typographical error. Additionally, he would like any awards and decorations, in particular unit citations, he may be authorized. He further states the Department of Veterans Affairs (VA) is withholding services because his MOS fails to reflect his parachutist status. 3. The applicant provides copies of his Fort Benning (FB) Form 16 (Airborne Course Certificate), dated 25 June 1970; FB Form 1592-14-R (U.S. Army Institute for Military Assistance), dated 18 December 1970; and his DD Form 214 for the period ending 28 February 1972. 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 9 January 1970 for training in MOS 05B (Radio Operator). He was promoted to the rank/grade of sergeant/E-5 on 5 November 1970. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (MOS), he was awarded MOS 05B as his primary MOS effective 5 November 1970 and MOS 05C as his secondary MOS effective 12 March 1971; b. item 38 (Records of Assignments), he was assigned to U.S. Army Vietnam (USARV) TAG - TF3AE during his service in the Republic of Vietnam. He achieved "excellent" conduct and efficiency ratings throughout his period of military service. c. item 41 (Awards and Decorations), he was awarded or authorized the: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) (VCM w/ Dev 60) * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * overseas service bar 4. Special Orders Number 7, issued by Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, NC, on 9 January 1971, awarded him special qualification identifier (SQI) "S" (Special Forces) effective 8 December 1970. These orders identify his MOS in his standard name line as "05B4S." 5. The applicant was honorably released from active duty on 28 February 1972, following his completion of 2 years, 1 month, and 20 days of total active service. His DD Form 214 shows in: * Item 23a, the entry "05B45 Radio Oper 5Nov70" * Item 24, he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with Device (1960) * Item 30 (Remarks), he served in the Republic of Vietnam from on or about 25 April 1971 through on or about 26 February 1972 6. The applicant provides an FB Form 16, dated 25 June 1970, which indicates he successfully completed the Airborne Course at Fort Benning, GA, as well as an FB Form 1592-14-R, dated 18 December 1970, which shows he completed the Special Forces Advanced Enlisted Course at Fort Bragg, NC. 7. There is no indication in the applicant's available record that shows he was awarded the Army Good Conduct Medal. Notwithstanding the lack of award orders, there is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The Marksmanship Qualification Badge is awarded to indicate the degree - 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. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) 2. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Active Army. It provided that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. For item 23a (Specialty Number and Title), the preparer should enter the separating Soldier's primary MOS code number and title. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 4. 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 does not show his unit of assignment while in Vietnam was awarded any unit awards or citations while he was assigned to that unit during his period of service in Vietnam. 5. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his MOS as "05B4S" instead of "05B45," and to show any missing awards and decorations including unit citations to which he may be authorized, was carefully considered. 2. Special orders awarded the applicant the SQI "S"; these orders show his MOS as "05B4S." Additionally, his DA Form 20 shows his primary MOS as "05B4S." Army Regulation 635-5 provides that when preparing the DD Form 214, the preparer should enter the separating Soldier's primary MOS code number and title in item 23a. In accordance with these instructions, his DD Form 214 should contain the entry "05B4S." However, it appears an administrative error occurred during the preparation of his DD Form 214 that resulted in his primary specialty being incorrectly recorded. 3. The applicant served honorably from 9 January 1970 through 28 February 1972. His record shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal. However, the Army Good Conduct Medal (1st Award) is not listed as an authorized award on his DD Form 214. 4. By regulation, a bronze service star is authorized with the Vietnam Service Medal to denote each campaign the member was credited with participating in. The applicant participated in three campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. 5. Item 41 of his DA Form 20 shows the applicant was authorized the Parachutist Badge and the Sharpshooter Marksmanship Badge with Rifle Bar (M-16). These badges are not listed on his DD Form 214. 6. DAGO Number 8, dated 1974, cited all units in the Republic of Vietnam for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in the Republic of Vietnam; however, this award is not listed 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) AR20160005795 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005795 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2