ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 February 2019

	DOCKET NUMBER:  AR20160014219


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his date of birth (DOB) as XX February XXXX
* his rank/pay grade as staff sergeant (SSG)/E-6
* his specialty number as 02J4O (Clarinet Player)
* all missing awards, including the Bronze Star Medal, Certificate of Appreciation, and the Vietnamese award of Bong Tuong Luc

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Driver's License
* Bronze Star Medal certificate/citation
* Certificate of Appreciation
* Vietnamese Certificate (not translated)
* DD Form 214
* Promotion Orders

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his current DD Form 214 clearly has the wrong DOB, rank/pay grade, and specialty number, and is missing awards.  

3.  The applicant's request for correction of his DD Form 214 to show the Bronze Star Medal is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider his request for correction of DD Form 214 to show his correct DOB, rank/pay grade, specialty number, and to show all additional awards.  
4.  The applicant’s complete military records are not available for review; however, there are sufficient documents remaining in his records for the Board to conduct a fair and impartial review of this case.  

5.  The applicant enlisted in the Regular Army on 26 June 1967.  

6.  His DA Form 20 (Enlisted Qualification Record) is not available for review.  

7.  Review of military personnel records revealed the following documents that show his DOB as XX February XXXX:

* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)
* Standard Form 89 (Report of Military History) 
* Standard Form 88 (Report of Medical History)
* DD Form 4 (Enlistment Record - Armed Forces of the United States)
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450)

8.  Special Orders Number 182, dated 1 July 1969 promoted him to SSG/E-6 in specialty 02J4O, effective 26 June 1969.  

9.  Special Orders Number 182, dated 1 July 1969 awarded him primary specialty 02J4O (Clarinet Player), effective 26 June 1969.  

10.  On 6 March 1970, Special Orders Number 65 were published that released him from active duty and transferred him to the U.S. Army Reserve Control Group (Reinforcement), effective 6 March 1970.  These orders show his rank as "SSG" and his specialty number as "02J4O" on the standard name line.  

11.  His DD Form 214 was prepared on temporary records and shows the following information:

* Item 5a (Grade, Rate or Rank) - the entry "SGT"
* Item 5b (Pay Grade) - the entry "E-5"
* Item 9 (DOB) - his DOB as XX February XXXX
* Item 22c (Foreign and/or Sea Service) - he served in the USARPAC [U.S. Army Pacific], but the time period was not available
* Item 23a (Specialty Number and Title) - his specialty number as "02 J 2O"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and Army Commendation Medal

12.  He provided the following documents:

* Driver's License - his DOB is shown as XX February XXXX
* Certificate of Appreciation - he was recognized for his active service in the U.S. Army 
* Vietnamese certificate written in Vietnamese 

13.  Based on Army Regulation 635-5, the DD Form 214 is prepared to show the rank/pay grade the Soldier held at the time of separation.  The applicant held the rank/pay grade of SSG/E-6 at the time of his separation on 6 March 1970.  

14.  He was awarded primary specialty number 02J4O.  The regulation in effect at the time of his separation directed that the Soldier's specialty number and title would be entered in item 23a of the DD Form 214.  At the time of his separation on 6 March 1970, he held and was serving in primary specialty 02J4O.  

15.  The regulation governing preparation of the DD Form 214 directs that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.  

16.  Army Regulation 600-8-22 (Military Awards) provides a list of foreign decorations authorized for acceptance and wear in Table E-1.  None of the awards listed for Vietnam (as translated into Vietnamese) corresponds to the certificate provided by the applicant.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief.  The Board agreed documentation supports changing the DOB, rank, and PMOS; however, there is no regulatory guidance to support recording the COA or the RVN BTL Award on the DD Form 214.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 Army records of the individual concerned be corrected by amending his DD Form 214 by:

* amending his date of birth as XX February XXXX
* amending his rank/pay grade as staff sergeant (SSG)/E-6; and
* amending his specialty number as 02J4O (Clarinet Player)

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 showing he was awarded a Certificate of Achievement and received the Vietnamese Award Bong Tuong Luc.


	 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 by adding the:

* Bronze Star Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Processing and 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 Army.  It established standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed:

	a.  items 5a and 5b - enter the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary.

   b.  item 23a - enter the primary military occupational specialty code number and title.  

   c.  item 24 - enter decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

3.  Army Regulation 600-8-22 (Military Awards) lists foreign decorations authorized for acceptance and wear in Table E-1.  Several awards of the Republic of Vietnam are authorized for acceptance and wear.  


ABCMR Record of Proceedings (cont)	 AR20160014219
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