ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20170004999 APPLICANT REQUESTS: correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective date 11 August 1970 to reflect the following: * addition of Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device * addition of Vietnamese Gallantry Cross with Bronze Star * rank as captain (CPT) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, effective date 19 August 1968 and 11 August 1970 * Award (written in Vietnamese) * Order Number: 54/TKQT/CL/ADBT * Memorandum for Vietnamese Gallantry Cross, dated 17 March 1971 * General Orders Number 7717 (Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device), dated 1 December 1970 * Authorization for Individual Foreign Award (Gallantry Cross with Bronze Star), dated 9 April 1971 * Memorandum for Vietnamese Gallantry Cross with Bronze Star, dated 20 April 1971 * Promotion as a Reserve Commissioned Officer (CPT), dated 19 August 1974 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 provides: a. DD Form 214, effective date 19 August 1968 and 11 August 1970. b. Order Number: 54/TKQT/CL/ADBT and an award written in Vietnamese, both dated 1 August 1970, memorandums enclosing a certificate of award, dated 17 March 1971 and 20 April 1971, and an authorization for individual foreign award, dated 9 April 1971, awarding the applicant the Gallantry Cross with Bronze Star. c. General Orders Number 7717, dated 1 December 1970, awarding his the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device. d. Promotion as a Reserve Commissioned Officer (CPT), dated 19 August 1974, which shows his date of promotion to CPT as 1 June 1975. 3. The applicant is eligible for additional awards not reflected on his DD Form 214. As a result these awards will be added to his DD Form 214 as an administrative correction and do not require action by the Board. The Board will only consider the issue correcting the applicant’s rank to CPT on his DD Form 214. 4. A review of the applicant’s service record shows: a. On 23 January 1967, he enlisted in the Regular Army. b. On 19 August 1968, DA Form 20 (Enlisted Qualification Record) and Special Orders Number 186 shows he was discharged from enlisted status to accept a commission. c. On 20 August 1968, he was appointed as a Reserve Commissioned Officer of the Army and took the Oath of Office. d. DA Form 66 (Officer Qualification Record) shows he had service in Vietnam from 26 September 1969 to 10 August 1970. e. On 11 August 1970, he was released from active duty with an honorable discharge and reverted to U.S. Army Reserve Control Group. His DD Form 214 shows he completed 3 years, 6 months, and 19 days of active service. In item 5a (Grade, Rate or Rank) is listed as first lieutenant. f. On 23 September 1975, a memorandum from the U.S. Army Reserve Components Personnel and Administration Center, SUBJECT: Promotion as a Reserve Commissioned Officer of the Army under Title 10 of the United States Code (Army Regulation 135-155) states he is promoted to CPT effective 1 June 1975. 5. By regulation separation documents will be 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 states in item 5a, the grade in which serving at time of separation is entered. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. His promotion to CPT occurred after the period covered by the DD Form 214. Therefore, the Board denied this portion of the request as records must reflect the conditions and circumstances that existed at the time the records were created. The Board did note the administrative notes below from the analyst of record and recommended the correction is completed to more accurately depict the military service of the applicant. 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 adding the Bronze Star Medal (2nd Award) with “V” device, and the Vietnam Gallantry Cross with Bronze Star to his DD Form 214 for the period ending 11 August 1970. 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 his rank as CPT on the DD Form 214. 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. A review of the applicant’s service record shows he is authorized awards not annotated on his DD Form 214. As a result, amend item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add: * Bronze Star with “V” Device and 1st Oak Leaf * Vietnamese Gallantry Cross with Bronze Star REFERENCES: 1. (Optional as applicable.) 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 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It states in Item 5a (Grade, Rate or Rank), the grade in which serving at time of separation is entered. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004999 3 1