ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170009619 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 16 July 1970, to show: * his date of entry into military service as 8 October 1968 instead of 8 November 1968 * he was awarded the Bronze Star Medal (BSM) (2nd Award) and the Army Commendation Medal (ARCOM) (2nd Award) * he qualified as an expert with the M-16 rifle, thereby earning the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 16 July 1970 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, at the time he was out-processing after returning from Vietnam in July 1970, there were a large number of returnees being out-processed and/or reassigned. He believes the errors on his DD Form 214 resulted from either typographical errors or a lack of attention to detail on the part of out-processing personnel, who were rushing to complete the returnees DD Forms 214 or reassignments as quickly as possible. 3. The applicant's DD Form 47 (Record of Induction) and Special Orders Number 200, issued by the Armed Forces Examining and Entrance Station, Detroit, MI on 8 October 1968, show his date of induction as 8 October 1968. 4. The applicant's available record contains award orders for only a single BSM and a single ARCOM. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows: * he was inducted into the Army of the United States on 8 October 1968 * he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Republic Of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. The applicant was released from active duty on 16 July 1970. His DD Form 214 shows: * he entered active duty on 8 November 1968 * he was credited with 1 year, 9 months, and 9 days of creditable service * he served in the Republic of Vietnam from 18 July 1969 to 16 July 1970 * he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, contains orders for a single BSM and a single ARCOM. BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The Board grants the applicant’s date of entry into military service as 8 October 1968 since his DD Form 20 and DA Form 47 show he was inducted in the Army of the United of America on 8 October 1968. 2. There is no evidence in the applicant’s records and the applicant did not provide evidence to support the BSM (2nd Award), ARCOM (2nd Award) or Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Due to insufficient evidence, the Board denies request to correct these. 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 his DD Form 214 by changing his Date of Entry to 8 October 1968. 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 Bronze Star Medal (2nd Award), ARCOM (2nd Award) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). SIGNATURE: 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): N/A 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 600-8-22 (Military Awards) provides that the: a. The BSM is awarded in time of war for heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The ARCOM is awarded to any Service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. c. Recommendations for personal awards must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award. ABCMR Record of Proceedings (cont) AR20170009619 0 3 1