ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20170005621 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Reserve Components Achievement Medal (4th Award) * Armed Forces Reserve Medal * Army Aviation Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Personnel Records Center (NPRC) letter * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) 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 NPRC informed him he was entitled to the above-cited awards; he would like them added to his DD Form 214, ending 9 September 1981. He provides a copy of the NPRC letter, dated 30 June 2016. 3. The Basic Army Aviator Badge is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board. The Board will consider the Army Reserve Components Achievement Medal (4th Award) and the Armed Forces Reserve Medal. 4. The applicant's service records show: a. He enlisted in the Regular Army on 28 October 1968; he served in Vietnam from 28 March 1969 to 22 March 1970. On 1 October 1971, he was honorably released from active duty, effective 1 October 1971; he transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He was awarded or authorized: * Army Commendation Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars b. His DA Form 2-1 (Personnel Qualification Record – Part II) indicates he remained in an inactive Reserve status within the USAR Control Group (Reinforcement) from 2 October 1971 to 3 March 1972. On 4 March 1972, he enlisted into the USAR. c. The Soldier Management System (SMS), managed by the U.S. Army Human Resources Command (HRC), is a web-based application which includes personnel data for individual Soldiers. SMS contains the applicant's DA Form 5016 (Chronological Statement of Retirement Points); this form shows he earned over 50 retirement points each year from 2 October 1971 through 1 October 1989. d. He was appointed as a Reserve Warrant Officer and executed his oath of office on 1 July 1978. A memorandum, dated 14 September 1979, announced the award of the Army Reserve Components Achievement Medal (1st Award) for the period 28 October 1974 to 28 October 1978. e. On 13 December 1980, he was ordered to active duty for training. On 9 September 1981, he was honorably released from active duty for training. His DD Form 214 showed he was awarded or authorized: * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Commendation Medal (2nd Award) * National Defense Service Medal * Army Reserve Components Achievement Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) f. Memorandum, dated 27 December 1984, announced the award of the Armed Forces Reserve Medal for 10 years of continuous service, ending 3 March 1982. g. Memorandum, dated 27 December 1984, announced the award of the Army Reserve Components Achievement Medal (2nd Award) for the period 29 October 1978 to 28 October 1982. h. Effective 30 November 1990, he transferred to the Retired Reserve; On 19 September 2009, the U.S. Army Human Resources Command placed him on the Army of the United States Retired List. 5. The applicant's records show the first award of the Army Reserve Components Achievement Medal was for the period 28 October 1974 to 28 October 1978; his DD Form 214 lists this first award. The applicant received his second award for the period 29 October 1978 to 28 October 1982; his Armed Forces Reserve Medal was awarded for the period ending 3 March 1982. a. Both the Army Reserve Components Achievement Medal (2nd Award) and the Armed Forces Reserve Medal addressed periods subsequent to his release from active duty. b. By regulation, the DD Form 214 lists a Soldier's service information, as of the date of separation; there is no provision for retroactively adding awards and decorations awarded after the separation date. c. Army Regulation (AR) 600-8-22 (Military Awards) states, between 3 March 1972 and 28 March 1995, the Army Reserve Components Achievement Medal was awarded for 4 qualifying years of USAR Troop Program Unit (TPU) service. (1) The applicant's records are void of documentation indicating his chain of command disqualified him for the Army Reserve Components Achievement Medal for the period starting 4 March 1972. In addition, the record does not explain why 28 October 1978 was the starting date for his first Army Reserve Components Achievement Medal. (2) When inconsistencies exist in a Soldier's official military personnel file, specifically with regard to qualifying years of USAR service for the purpose of recognition, HRC is the responsible agency for addressing inaccuracies and determining their resolution. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board concluded that the applicant had been previously awarded the ARCAM (3rd Award) and the Army Aviator Badge; both of which are not currently reflected on his DD Form 214. However, the Board also determined that the applicant received the ARCAM (4th Award) and Armed Forces Reserve Medal after completing his active duty tour reflected on his DD Form 214. For that reason, the Board recommended denying that portion of the applicant’s request. The Board also noted the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately reflect 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding: * Army Reserve Component Achievement Medal with two oak leaf clusters * Army Aviator Badge 2. Additionally, the Board also noted the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately reflect the military service of the applicant. 3. Finally, 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 adding the Army Reserve Component Achievement Medal (4th Award) and the Armed Forces Reserve Medal. 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): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. 2. AR 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Recognized campaigns for Vietnam include: * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 to 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 to 30 April 1970) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. 4. As a result, amend his DD Form 214, ending 1 October 1971, as follows: a. delete the Vietnam Service Medal. b. add: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm 5. Amend his DD Form 214, ending 9 September 1981, as follows: a. delete the Vietnam Service Medal. b. add: * Vietnam Service Medal with three bronze service stars * Basic Army Aviator Badge * Republic of Vietnam Gallantry Cross with Palm REFERENCES: 1. Title 10, USC, 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 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. 2. AR 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. The DD Form 214 provides Soldiers with a record of military service; the regulation requires it to reflect information that is accurate on the date of separation. 3. AR 600-8-22 prescribes policies and procedures for military awards and decorations. a. The Army Reserve Components Achievement Medal is authorized for award to members of an Army Reserve TPU; they must be in the rank of colonel or below. This award recognizes exemplary behavior, efficiency, and fidelity for Soldiers completing 4 years of qualifying service on or after 3 March 1972, and before 28 March 1995 (i.e. the Reserve Soldier had to earn a minimum of 50 retirement points during his retirement year). Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years. This change was not retroactive. Such years of qualifying service must have been consecutive. b. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years. USAR Soldiers are required to complete a minimum of 50 retirement points for each of the 10 qualifying years, and the qualifying service be completed within 12 consecutive years. A bronze hourglass denotes the first 10-year period; the second 10-year period by a silver hourglass, and the third by a gold hourglass. ABCMR Record of Proceedings (cont) AR20170005621 4 1