IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160011447 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: 22 August 2018 DOCKET NUMBER: AR20160011447 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. awarding him the Army Good Conduct Medal (1st Award) for the period 20 May 1968 through 20 December 1969 and b. deleting the Vietnam Service Medal from his DD Form 214 and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 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 middle name or rank on his DD Form 214 or adding the Expert Marksmanship Qualification Badge with Grenade Bar and Expert Marksmanship Qualification Badge with Bayonet Bar to his DD Form 214. _________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: 22 August 2018 DOCKET NUMBER: AR20160011447 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. his middle name as Gerard instead of Girard, b. his rank as corporal instead of specialist four and c. award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machine Gun Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and Expert Marksmanship Qualification Badge with Bayonet Bar. 2. The applicant states: * his birth certificate shows his middle name as Gerard * he served in combat situations and did not work behind a desk * he earned his corporal stripes * he worked hard to earn his ribbons and medals * he is proud of his achievements 3. The applicant provides: * VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim) * birth certificate * DA Form 20 (Enlisted Qualification Record) * 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's DD Form 398 (Statement of Personal History) shows his middle name as Girard. He was inducted into the Army of the United States on 20 May 1968. His DD Form 47 (Record of Induction) shows his middle name of Girald was crossed out and replaced with Girard. 3. His records contain: a. Headquarters, U.S. Army Reception Station, Special Orders Number 107, dated 23 May 1968, showing his middle name was changed from Girald to Girard because it was incorrectly transcribed from his birth certificate. b. Headquarters, Third Basic Combat Training Brigade, Special Orders Number 120, dated 26 June 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. Headquarters, Second AIT (Advanced Individual Training) Brigade, Special Orders Number 183, dated 6 September 1968, awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar. d. Headquarters, Second AIT Brigade, Special Orders Number 185, dated 9 September 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 4. He departed the continental United States en route to Vietnam on 13 October 1968. 5. His DA Form 20 shows: * he was assigned to Company D, 3d Battalion, 1st Infantry Regiment, from 1 November 1968 until he was hospitalized on 8 January 1969 * he was appointed to the permanent rank of private first class/E-3 effective 15 October 1968 * he received excellent conduct and efficiency ratings throughout his service 6. He participated in two campaigns during his assignment in Vietnam. 7. He departed Vietnam en route to the United States on or about 8 January 1969. 8. His record does not include documentation showing his rank as corporal. 9. Headquarters, U.S. Army Personnel Center, Special Orders Number 354, dated 20 December 1969, released him from active duty in the rank of specialist four and transferred him to the U.S. Army Reserve. 10. His DD Form 214 shows: * in item 1 (Last Name, First Name, Middle Name) – middle name Girard * in item 5a (Grade, Rate or Rank) – specialist four * in item 5b (Pay Grade) – E4 * in item 6 (Date of Rank) – 16 May 1969 * he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, and Bronze Star Medal * a legible signature showing the middle name Girard in item 32 (Signature of Person Being Transferred or Discharged) 11. There are no orders for the Expert Marksmanship Qualification Badge with Grenade Bar or Bayonet Bar. 12. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 13. He provided a copy of his birth certificate showing the middle name Gerard. 14. He also provided a VA Form 21-4138, dated 15 June 2016, stating: a. He has run into problems while signing up for benefits because his middle name is not correct on his DD Form 214. b. He served in combat and was advanced to E-4 while he was in the hospital in San Francisco, California, due to combat injuries. He should have been rated as a corporal and not a specialist. His DD Form 214 shows he received the Purple Heart and Bronze Star Medal. c. His DA Form 20 does not show all the ribbons and medals he earned. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 2. Army Regulation 635-5 (Separation Documents), in effect at the time of his release from active duty, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The instructions for item 3 stated to verify the accuracy with the SSN of record. b. 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. 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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 shows the 3d Battalion, 1st Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 in Department of the Army General Orders Number 2, dated 1971. DISCUSSION: 1. Although the applicant's birth certificate shows his middle name as Gerard, the evidence of record shows he was inducted under the middle name Girard in May 1968 and this middle name was used exclusively during his military service. He authenticated his DD Form 214 with the middle name Girard when he was released from active duty in December 1969. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the middle name recorded in his military records and to satisfy his desire to have the middle name as shown on his birth certificate documented. 4. Although he contends he was advanced to E-4 and should have been rated as a corporal and not a specialist, his DD Form 214 shows he held the rank and pay grade of specialist four/E-4 at the time he was released from active duty on 20 December 1969. 5. Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show these marksmanship badges. 6. There are no orders for award of the Expert Marksmanship Qualification Badge with Grenade Bar or Bayonet Bar in the available records. 7. He participated in two campaigns during his service in Vietnam and is authorized two bronze service stars for wear with his the Vietnam Service Medal. This bronze service star is not shown on his DD Form 214. 8. He completed 19 months of active service ending with his release from active duty on 20 December 1969. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 9. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period for which he was assigned. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011447 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2