BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006590 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration I BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006590 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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as specialist four (SP4)/pay grade E-4, his foreign service in the Republic of Vietnam (RVN), and all awards and decorations based on his military service. 2. The applicant states he served in Vietnam; however, his DD Form 214 does not show the period of foreign service or any service medals. a. He states he is authorized the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. He also states the National Personnel Records Center (NPRC) provided him documentation showing entitlement to the RVN Campaign Medal with Device (1960) and the RVN Gallantry Cross with Palm Unit Citation. b. He tried to have his records corrected in the past, but the Veterans Service Officer mistakenly sent his application to the Department of Veterans Affairs (VA). He adds that he suffers from diabetes with complications, along with other health problems; however, the VA has repeatedly denied his claims related to exposure to Agent Orange. Due to his poor health, he is unable to work and he is financially destitute. 3. The applicant provides a copy of a letter from a Veterans Benefits Specialist, DA Form 1577 (Authorization for Issuance of Awards), and an Addendum to DA Form 1577 (Part A). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the two previous considerations of the applicant's case by the ABCMR in Docket Number AC93–12954, dated 9 February 1994, and Docket Number AR20110006363, dated 4 October 2011. 2. The applicant enlisted in the Regular Army on 12 November 1968 for a period of 3 years. Upon completion of training he was awarded military occupational specialty 11H (Infantry Direct Fire Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows in – * item 2 (Grade): "Pvt [Private], E-1" * item 3 (Date of Rank (DOR)): "5 Oct 71" * item 29 (Qualification in Arms) – * Rifle (M-14), Marksman, 7 January 1969 * Rifle (M-16), Sharpshooter, 16 April 1970 * item 31 (Foreign Service), no entries ? * item 33 (Appointments and Reductions) – Grade DOR PVT (E-1) 12 November 1968 PVT (E-2) 12 March 1969 PFC [private first class] (E-3) 10 September 1969 SP4 (E-4) 9 June 1970 PFC (E-3) 30 April 1971 PVT (E-2) 27 August 1971 PVT (E-1) 5 October 1971 * item 38 (Record of Assignments): Headquarters and Headquarters Company (HHC), 3rd Battalion, 325th Infantry Regiment, Fort Bragg, NC, from 10 September 1969 through 3 November 1971 * item 41 (Awards and Decorations) – * National Defense Service Medal * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar 4. Headquarters, U.S. Army Training Center (Armored Division), Fort Bliss, TX, Special Orders (SO) Number 12, dated 17 January 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, effective 7 January 1969. 5. Headquarters, 82nd Airborne Division, Fort Bragg, NC, SO Number 92, dated 16 April 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, effective 26 March 1970. 6. The applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) – * on 3 December 1970, for being absent from his appointed place of duty from 28 November to 30 November 1970 * on 30 April 1971, for being absent from his unit without authority from 11 April to 13 April 1971; he was reduced to grade E-3 * on 27 August 1971, for being absent from his unit without authority from 23 August to 26 August 1971; he was reduced to grade E-2 7. Headquarters, 3rd Battalion (Airborne), 325th Infantry, Fort Bragg, NC, Summary Court-Martial Order Number 30, dated 5 October 1971, shows the applicant was charged with violation of the UCMJ, Article 134 (two specifications) for breaking restriction – * from 2100 hours, 31 August to 0320 hours, 1 September 1971 * from 1900 hours, 1 September to 0500 hours, 2 September 1971 a. On 4 October 1971, the applicant pled guilty and was found guilty of the charge and specifications. He was sentenced to forfeiture of $120 per month for one (1) month and to be reduced to the grade of private (E-1). b. On 5 October 1971, the convening authority approved the sentence. 8. A DD Form 214 (corrected by a DD Form 215 (Correction to DD Form 214) issued on 12 September 1974) shows the applicant entered active duty this period on 12 November 1968, was honorably released from active duty (REFRAD) on 4 November 1971, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 2 years, 11 months, and 4 days of net/total active service this period. It also shows in – * item 5a (Grade, Rate or Rank): "PVT" * item 5b (Pay Grade): "E-1" * item 6 (DOR): "5 OCT 71" * item 22 (Statement of Service), block c (Foreign and/or Sea Service): no foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Parachutist Badge * item 26a (Non-Pay Periods Time Lost): 11 Days * 24 November 1970 – 29 November 1970 * 11 April 1971 – 12 April 1971 * 23 August 1971 – 25 August 1971 * item 30 (Remarks) does not contain an entry pertaining to RVN service or his rank/grade * item 32 (Signature of Person Being Transferred or Discharged), the applicant placed his signature on the document 9. On 9 February 1994, in Docket Number AC93-12954, the ABCMR denied the applicant's request for correction of his records to show he was separated in pay grade E-4 rather than pay grade E-1. 10. On 4 October 2011, in Docket Number AR20110006363, the ABCMR denied the applicant's request for correction of his records to show he was separated in pay grade E-4 and that he served in the RVN in a temporary duty (TDY) status at the U.S. Embassy, Saigon, RVN, from 15 November 1969 to 15 February 1970. Along with his request he provided a copy of an altered DD Form 214 showing his rank as "SPC" (specialist) and his pay grade as "E-4." 11. In support of his application the applicant provided the following documents: a. DA Form 1577 (Authorization for Issuance of Awards) pertaining to the applicant and issued on 20 June 2001 by the Chief, Army Reference Branch, NPRC Military Personnel Records (MPR). (1) Item 4 (Code Numbers for Awards) shows circles around the following code numbers – * "20" (Good Conduct Medal) * "34" (National Defense Service Medal) * "38" (Vietnam Service Medal) (2) Item 4 does not show a circle around code number "81" (RVN Campaign Ribbon with Device (1960)). (3) Item 5 (Award Code) lists the following – * "34" (National Defense Service Medal) * "Parachutist Badge" * "Marksman Badge with Rifle Bar" * "Sharpshooter Qualification Badge with Automatic Rifle Bar" (4) Item 5 does not list code number "81" or otherwise identify the "RVN Campaign Ribbon with Device (1960)." b. An Addendum to DA Form 1577 (Part A), dated 20 June 2001, pertaining to the applicant that shows, "This individual is entitled to the following unit awards(s), however, the Department of the Army does not issue them. They may be purchased from civilian dealers in military insignia." The form shows "checkmarks" indicating the "RVN Gallantry Cross with Palm Unit Citation Badge" and the "RVN Campaign Medal with Device (1960)." 12. A thorough review of the applicant's military personnel records failed to reveal orders or any evidence that shows he was reassigned overseas and/or assigned/attached to an overseas unit. a. This review failed to reveal any additional award orders and a review of item 38 of his DA Form 20 shows he received "unsatisfactory" conduct and efficiency ratings during the period 11 April 1971 through 22 August 1971. b. This review also failed to reveal copies of orders or any evidence that shows he was advanced in grade or promoted from PVT (E-1) subsequent to 5 October 1971 through the date of his separation (12 November 1971). 13. 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, failed to return any individual award orders pertaining to the applicant. REFERENCES: 1. The NPRC MPR stores records of individual military service pertaining to former service members who no longer have a service obligation. Included are records of veterans who are completely discharged (with no remaining reserve commitment), or who are retired or have died. The NPRC acts as the agent of the Department of the Army for requests pertaining to the issuance of awards and decorations to Army veterans. 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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. 3. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. The Vietnam Service Medal 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. c. The RVN Campaign Medal with Device (1960) 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. d. The RVN Gallantry Cross unit citation was awarded by the Vietnamese government for valorous combat achievement. (1) It was awarded in four degrees, as follows – * with Palm – to a unit cited before the Armed Forces * with Gold Star – to a unit cited before a corps * with Silver Service Star – to a unit cited before a division * with Bronze Star – to a unit cited before a regiment or brigade (2) Award of the RVN Gallantry Cross unit citation to Army units was announced in Department of the Army General Orders. e. 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. 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., "SP4 (T)") * item 5b, enter pay grade (e.g., "E-4") * item 6, enter DOR for the grade shown in item 5a * item 22 provides detailed instructions for computing creditable service for basic pay; it shows for block c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein * item 30, in pertinent part, enter country and period of foreign service DISCUSSION: 1. The applicant requests reconsideration of his request for correction of his DD Form 214 to show he held the rank/grade of SP4/E-4 at the time of his separation, his service in RVN, and his authorized awards. 2. Records show the applicant entered active duty on 12 November 1968 and he was honorably REFRAD on 4 November 1971. 3. The evidence of record shows the applicant attained the rank of SP4/pay grade E-4 on 9 June 1970. a. The applicant received NJP and he was – * reduced to grade E-3 on 30 April 1971 * reduced to grade E-2 on 27 August 1971 b. He was convicted by summary court-martial and his sentence included reduction to grade E-1 effective 5 October 1971. c. There is no evidence of record that shows he was advanced or promoted from PVT (E-1) subsequent to 5 October 1971 through the date of his separation on 12 November 1971. d. Items 5a, 5b, and 6 of his DD Form 214 show his rank as "PVT," grade as "E-1," and DOR as "5 Oct 71" (respectively). 4. The applicant contends that he served in RVN (in a TDY status at the U.S. Embassy, Saigon, RVN, from 15 November 1969 to 15 February 1970). a. Records show he was assigned to HHC, 3rd Battalion, 325th Infantry Regiment, Fort Bragg, NC, from 10 September 1969 through 3 November 1971. b. There is no evidence of record that shows the applicant served overseas in the RVN during the period of his active duty that is under review. 5. The two documents the applicant provided from NPRC MPR that authorized the issuance of awards were carefully considered. a. It is noted that item 4 and/or item 5 of the DA Form 1577 did not authorize the applicant the Vietnam Service Medal or the RVN Campaign Medal with Device (1960). The "checkmarks" on the addendum pertaining to the two RVN decorations indicate that he was advised awards issued by the government of the RVN could be purchased from civilian dealers in military insignia. b. This evidence alone does not establish that the applicant served in RVN. Moreover, when considered with his military personnel records and the DD Form 214 that the applicant submitted to the ABCMR with his previous application, it appears the NPRC MPR addendum he provided is in error. 6. In the absence of conclusive evidence of service in the RVN, there is no basis upon which to correct his record to show awards authorized for service in the RVN. 7. SOs awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar effective 7 January 1969. SOs also awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar effective 26 March 1970. His DD Form 214 does not show his latest qualification badge. a. There are no orders nor is there an entry in item 29 of his DA Form 20 showing he qualified with the automatic rifle. b. The DA Form 1577 issued by NPRC MPR on 20 June 2001, as a secondary record, does not offer a basis for correcting item 24 of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar when the primary record does not support award of that badge. 8. Records show the applicant received NJP on three separate occasions, he received unsatisfactory conduct and efficiency ratings during the period 11 April 1971 through 22 August 1971, he was convicted by summary court-martial, he was reduced in rank from SP4 (E-4) to PVT (E-1), and he had 11 days of time lost during the period of service under review. The evidence of record and the regulatory guidance governing award of the AGCM in effect at the time show the applicant had disqualifying criteria that precluded authorizing the award BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006590 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 issuing a DD Form 215 (Correction to DD Form 214) to correct his 4 November 1971 DD Form 214 to show in item 24 the "Sharpshooter Marksmanship Qualification Badge with Rifle 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 his rank/grade, foreign service, and any additional awards and/or decorations. 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. . //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005397 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006590 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2