ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20170003149 APPLICANT REQUESTS: Correction of the following items on DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge): * Block 22a(1) (Net Service This Period) to read 11 Months and 9 Days * Block 22a(3) (Total (Lines(1) plus Line (2)) to read 11 Months and 9 Days * Block 22b (Total Active Service) to read 11 Months and 9 Days * Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to read Bronze Star Medal (BSM) w/ 2OLC (Oak Leaf Clusters) with “V” Valor Device * Block 25 (Education and Training Completed) to read Basic Training; Leadership Preparation Course; Advance Infantry Training; Non-Commissioned Officer (NCO) Candidate Course; and Trained Advanced Infantry * Block 30 (Remarks) to read Item 5a: SSG E-6 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NCO Candidate Course cover sheet (2) * Photo book excerpt * BSM (1 OLC) certificate * BSM (2OLC) certificate 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 the items were not input correctly on the day of his discharge. 3. The applicant provides: * NCO candidate course cover sheet (2) with photo and date of 16 December 1967 Graduation * Photo book excerpt showing a photo of him and other Soldiers * BSM (1OLC) and (2OLC) certificates 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 19 April 1967. b. He served in Vietnam from 30 March 1968 to 27 March 1969. He was assigned to Company B, 3rd Battalion, 22nd Infantry, 25th Infantry Division. He served through 4 campaigns (Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969). c. DA Form 20 (Enlisted Qualification Record) shows in: * item 28 (Specialized Training) he completed, a two week NCO LPC (Leadership Preparation Course) on 7 July 1967 * item 38 (Record of Assignments) he completed basic combat training and advanced individual training at Fort Polk, LA; it also show he received excellent conduct and efficiency ratings throughout his military service * item 41 (Awards and Decorations) shows BSM with “V” Device – authority General Orders (GO) Number 7035 and BSM (2OLC) authority GO 3464 d. GO Number 7035, dated 4 October 1968 awarded him the BSM with “V” Device for action on 11 September 1968. e. Special Orders Number 338, dated 3 December 1968 shows under provision of paragraph 7-13, Army Regulation (AR) 600-200 (Personnel-General Enlisted Personnel Management System), and DA Message 869377, he was promoted to temporary grade of staff sergeant. DA Form 20 shows he was temporarily promoted to/on: * specialist/E-4 24 September 1967 * corporal/E-4 24 September 1967 * sergeant/E-5 16 December 1967 * staff sergeant/E-6 16 November 1968 f. GO Number 1284, dated 7 February 1969 shows he was awarded the BSM (1st OLC) for service from March 1968 to March 1969. g. GO Number 3464, dated 19 March 1969 shows he was awarded the BSM (1st OLC) for service from 1 September 1968 to 1 November 1968. h. GO Number 4026, dated 26 March 1969 shows an amendment of GO 3464, for service from 1 September 1968 to 1 November 1968 awarding the BSM First OLC amended to read BSM Second OLC. i. DD Form 214 which shows he was honorably transferred to the United States Army Reserves on 28 March 1969. * block 22a(1), 1 year, 9 months, and 10 days net service this period * block 22a(2); 0 other service * block 22a(3), 1 year, 9 months, and 10 days of total service * block 22b, 1 year, 9 months, and 10 days of total active service * block 24, the National Defense Service Medal, Vietnam Service Medal, Vietnam Gallantry Cross with Palm, Silver Star, Vietnam Campaign Medal, Combat Infantryman Badge, and Bronze Star Medal * block 25, None, no education or training * block 30, continuation to Item 5a, private first class (PFC) E-3 (P) permanent 5. By regulation (AR 672-5-1), the Army Good Conduct Medal is authorized 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. There must have been no convictions by a court-martial. The applicant meets the criteria for award of the Army Good Conduct Medal in that * he completed 1 year, 11 months, and 9 days of active service * he received excellent conduct and efficiency ratings * he had no record of conviction by a court-martial 6. By regulation, Army Regulation 600-8-22 (Military Awards) states: a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. b. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 7. R 635-5 (Personnel Separation - Separation Documents) prescribe the separation documents that will be furnished each individual who is separated from the Army, including active duty for training personnel, and establish standardized procedures for the preparation and distribution of these documents. a. Block 22 shows the statement of service including net active service during the period covered by the DD Form 214 and any other service. b. Block 25, list the education and training completed during the period covered by the DD Form 214 c. Block 30 shows administrative remarks, one of which is related to the grade. If the grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment (for example, Item 5-SP5 (T) (E-5) APTD 13 Sep 58, date of rank 1 August 1958). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record the Board found sufficient evidence to make the change the service amounts annotated on the applicant’s DD Form 214. Additionally, the Board found sufficient evidence to show that the applicant was previously awarded a second Bronze Star Medal with “V” Device which was not currently reflected on his DD 214, as well as some of the requested training courses sought to be added by the applicant. However, the Board found that changing the applicant’s rank to SSG on the DD Form 214 was not justified because it was a temporary promotion and temporary promotions are not reflected on DD Form 214s. 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. 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 amending the applicant’s DD Form 214 with the following changes: * Blocks 22a(1), 22a(3), and 22b, delete 1 year, 9 months, and 10 days, and add 1 year, 11 months, and 9 days * Block 24, delete Bronze Star Medal and add Bronze Star Medal (2nd OLC) and “V” Device * Block 25, add Noncommissioned Officer Leadership Preparation Course, 1967; and Light Weapons Infantryman, 1967 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 changing the applicant’s rank on the DD Form 214. 3. Prior to closing the case, the Board noted the administrative note below by the analyst of record and recommended that change also be completed to more accurately depict the military service of the applicant. 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 awards and decorations not listed on his DD Form 214. As a result, amend his DD Form 214 to reflect in Block 24, delete Vietnam Service Medal and add Vietnam Service Medal with 4 bronze service stars 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 (AR) 600-200 (Personnel-General Enlisted Personnel Management System) prescribes policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. To provide a basis for further consolidation of all Army regulations on enlisted personnel management. Paragraph 7-13 (General) states this section, together with section IX, governs temporary promotion of enlisted personnel of the Active Army to pay grades E-4 through E-6, made against periodic temporary promotion quota allocations, and pay grades E-7 through E-9, made against temporary promotion quota allocations in conjunction with personnel requisition items canceled by Headquarters, Department of the Army. This paragraph will be cited in promotions using quota allocations. 3. AR 635-5 (Personnel Separation - Separation Documents) prescribe the separation documents that will be furnished each individual who is separated from the Army, including ACDUTRA (active duty for training) personnel, and establish standardized procedures for the preparation and distribution of these documents. a. Paragraph 47 (Item 22a(1)) (Net Service This Period) b. (Enlisted Personnel) enter total service completed between the dates shown in items 10c or 17c and 11d of the DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge), as represented by continual and foreign service, less time lost under title 10, United States Code, section 972, and time lost subsequent to normal expiration of term of service. b. Paragraph 49 (Item 22a(3)) (Total (Lines(1) plus Line (2)). Self-Explanatory. c. Paragraph 50 (Item 22b)( Total Active Service). Enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the ARNGUS or USAR not on active duty, and less time lost under title 10, United States Code, section 972. d. Paragraph 53 (Item 24) (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Enter from section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. e. Paragraph 54 (Item 25)(Education and Training Completed). Enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. Enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared. f. Paragraph 62b(7)(Item 30)(Remarks). The "Remarks" section will be used to complete entries too long for their respective blocks. When used for cross reference, the item number must precede the continued information. If grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment, as follows: * "Item 5-CPL (P) (E-4) APTD (appointed) 1 Aug 58." * "Item 5-SP5 (T) (E-5) APTD 13 Sep 58, date of rank 1 Aug 58." 4. AR 672-5-1 (Awards) primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. ABCMR Record of Proceedings (cont) AR20170003149 5 1