ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 November 2019 DOCKET NUMBER: AR20170008326 APPLICANT REQUESTS: * correction of his DD Form 214 (Report of Transfer or Discharge) to reflect: (1) Airborne Course (2) Parachute Badge (3) Expert Qualification Badge for M16, M60, and Grenade (4) Good Conduct Medal (5) Vietnam Cross for Gallantry with Palm (6) Military Occupational Specialty (MOS) 11B2P (7) correction of his Foreign Service time for Vietnam * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction of DD Form 214) * Veterans Admiration file data card * Veteran of Foreign Wars identification card 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 (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 Vietnam War was filled with public, educational, family and news media shaming and forgetting. He is requesting that his DD Form 214 be corrected to reflect the following: Airborne Course, Parachute Badge, Expert Qualification Badge for the M16, M60, and Grenade, the Good Conduct Medal, Vietnam Cross for Gallantry with Palm, MOS 11B2P and to recalculate his Foreign Service Credit to include the month of April 1971 in Vietnam. He is also requesting to appear before the Board. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) under the name on 25 June 1970. b. His DD Form 20 (Enlisted Qualification Record) shows he was awarded the MOS 72B (Communications Center Specialist) on 27 November 1970. c. He completed the Airborne Course at Fort Benning, GA on 29 January 1971. d. His DD Form 20 item 31 (Foreign Service) shows he served in the United States Army Pacific (USARPAC) – Vietnam from 9 May 1971 to 12 March 1972. Item 38 (Record of Assignments) shows he served from 22 May 1971 to 7 March 1972 in USARPAC Vietnam in the 76Y3O – Battalion Armorer and 95B2O – Intelligence / Security Guard positions. e. His DD Form 20 also shows he was awarded the MOS 71L (Administrative Specialist) on 11 November 1972. f. His DD Form 20 item 31 shows he served in USARPAC – Thailand from 4 April 1972 to 17 June 1973. Item 38 shows he served from 6 April 1972 to 14 June 1973 in USARPAC – Thailand in 72B2O position. g. He was released from active duty on 18 June 1973 with an honorable characterization of service, under the provision of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) and assigned to the United States Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows he completed 2 years, 11 months and 24 days of net active service, which includes 2 years and 18 days of Foreign Service in USARPAC. Item 30 (Remarks) shows that he service in the Republic of Vietnam from 9 May 1971 to 12 March 1972. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * 4 overseas bars * Vietnam Campaign Medal * Parachute Badge h. His DD Form 215, dated 13 August 1974 shows he completed the Airborne Course in January 1971 and his DD Form 215, dated 13 December 1974 shows he completed Airborne training on 29 January 1971. i. USAR Components Personnel and Administration Center Order Number 05-1098482, shows he was discharged from the USAR on 1 June 1976. j. DA Form 1577 (Authorization for Issuance of Awards), dated 8 June 1992 shows he was awarded or authorized the: * Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 4 Bronze Stars * Parachutist Badge * Expert Qualification Badge with Automatic Rifle, Grenade and Machine Gun Bars * Republic of Vietnam Campaign Ribbon with Device * Vietnam Gallantry Cross with Palm Unit Citation Badge * Vietnam Campaign Medal 4. By regulation 672-5-1, prescribes Department of the Army policy, criteria and administration instructions concerning individuals and unit military awards. The goal of the total Army Awards Program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. 5. By regulation 15-185 (ABCMR), applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board made the following conclusions related to the applicant’s request: (1) Airborne Course: Based upon the DD Form 215 publshed on 13 December 1974, the Board concluded this correction had already been made and no other relief was warranted (2) Parachute Badge: This decoration already appears on the applicant’s DD 214 and no further relief was warranted (3) Expert Qualification Badge for M16, M60, and Grenade: Based upon the information reflected on the DD Form 1577, the Board recommended granting this portion of the request (4) Good Conduct Medal: Based upon the applicant receiving all excellent efficiency ratings reflected on the DA Form 20, the Board recommended granting this portion of the request (5) Vietnam Cross for Gallantry with Palm: Based upon the information reflected on the DA Form 1577, the Board recommended granting this portion of the request. (6) Military Occupational Specialty (MOS) 11B2P: Although the applicant’s DA Form 20 reflects he served in an 11B2P position, the documentary evidence in the record failed to show he completed the Basic Infantryman Course; therefore, the Board recommended denying this portion of the request (7) correction of his Foreign Service time for Vietnam: Based upon the information reflected on the applicant’s DA Form 20, this information is correctly reflected on the applicant’s DD Form 214. The DA Form 20 shows the applicant also served 14 months in Thailand. 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 the Vietnam Cross for Gallantry with Palm * awarding and adding the Army Good Conduct Medal * adding the Expert Qualification Badge with M16 Rifle, M60 Machine Gun, and Grenade Bar 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 all other requested relief. 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. 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 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) 6725-1 (Decorations, Awards, and Honors Military Awards), in effect at the time, prescribes Department of the Army policy, criteria and administration instructions concerning individuals and unit military awards. The goal of the total Army Awards Program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. Paragraph 1-41c, commander, PERSCOM and Commander, ARPERCEN will completed and forward DA Form 1577 to Commander U.S. Army Support Activity, Philadelphia, PA 19101-3460 who will engrave as appropriate and distribute approved awards elements. DA Form 1577 is a limit use DA controlled form. Only Commander, PERSCOM and Commander ARPERCOM are authorized to requisition and use this form. 3. AR 601-280 (Personnel Procurement Army Reenlistment Program, in effect at the time, prescribes eligibility criteria governing the immediate reenlistment in the Regular Army of person currently serving on active duty with the Army. Table 1-3 (Reenlistment Eligibility (RE) Codes for Reenlistment in the Regular Army), RE3m not eligible for immediate reenlistment unless waiver consideration is permissible and is granted. 4. AR 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army including ADT personnel and cadet from the U.S. Military Academy. The purpose of a separation document is to provide the individual with documentary evidence of his service. a. Paragraph 2-40, item 23a (Specialty Number and Title) and b (Related Civilian Occupation and DOT Number), enter primary MOS code number, title and date of award. In addition, enter PMOS evaluation score and date of score. If the enlisted person has not received a PMOS evaluation score, enter “None”. If more space is required, enter “see 30” and continue remark in item 30. If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the Dictionary of Occupational Titles. If not applicable enter “NA”. b. Paragraph 2-39, Item 22c (Foreign and/or Sea Service), enlisted personnel, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed. 5. AR 15-185 (ABMCR) states board members will review all applications that are properly before them to determine the existence of an error or an injustice. The ABMCR decides cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABMCR may grant a formal hearing whenever justice requires. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170008326 2 1