ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 October 2019

	DOCKET NUMBER:  AR20170010193


APPLICANT REQUESTS:  his DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) be corrected to include his secondary military 
occupational specialty (SMOS) and his Air Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	National Personnel Records Center Letter dated 20 March 2017
    
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 his SMOS and Air Medal were not added to his discharge 
document.  He received it in the mail after he was discharged and he is wanting to 
complete his record.

3.  The DD Form 149 states the applicant included numerous documents that were 
not forwarded with his application from NPRC.  The NPRC letter, dated 20 March 
2017, stated a DD Form 215 (Correction to DD Form 214) had been issued and was 
attached, but had no authority to make amendments for the SMOS request.  The 
application was forwarded from NPRC to assist the applicant with the SMOS.

4.  A review of the applicant’s service record shows:

a.	He enlisted in the Regular Army on 24 November 1961.

   b.  Special Orders Number 32, dated 13 February 1964, indicated the applicant 
was awarded a military occupational code of P716.13, Personnel Records 
Specialist, as identified in Army Regulation 611-201 (Manual of Enlisted Military 
Occupational Specialties).
   c.  He served in Vietnam from 13 October 1964 to 1 October 1965 through 2 
campaigns.  His DA Form 20 (Enlisted Qualification Record) shows he served as a 
Personnel Specialist for Headquarters and Headquarters Company, 5th Special 
Forces Group, 1st Special Forces.
   
   d.  On 5 October 1965, he was honorably released from active duty.  His DD 
Form 214 shows he served 3 years, 10 months, and 12 days of active service with 
11 months and 20 days of foreign service.  It also shows he was awarded or 
authorized:

*	Armed Forces Expeditionary Medal
*	Combat Infantryman’s Badge
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Good Conduct Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine)
*	Parachutist Badge

   e.  A DD Form 215, dated 6 April 2017, added the Air Medal to the applicant’s 
service record.
   
5.  A review of the applicant’s record confirms he is eligible for awards that are not 
recorded on his DD Form 214.  These awards will be added to his DD Form 214 as 
administrative corrections and will not be considered by the Board.  The Board will 
consider his request for the SMOS.

6.  Department of the Army General Orders (DAGO) Number 59, dated 1969, 
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 5th 
Special Forces Group, 1st Special Forces, for service in Vietnam for the period of 
1 October 1964 to 17 May 1969.

7.  By regulation (AR 600-8-22), 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.  This same regulation states a bronze service star will 
be awarded for wear on the Vietnam Service Medal for participation in each credited 
campaign.

8.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty.  It provides a brief, clear-cut record of all 
current active, prior active, and prior inactive duty service at the time of release from 
active duty, retirement, or discharge.  The information entered thereon reflects the 
conditions as they existed at the time of separation.  For Item 25a. (Specialty 
Number and Title) enter primary MOS code number and title.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
requested relief was not warranted.  The applicant’s contentions were carefully 
considered.  The applicant received a DD Form 215 that shows the Air Medal was 
added to his separation document.  He requests to have his SMOS shown on the 
DD Form 214.  Regulatory guidance did not provide for the listing of SMOSs on 
separation documents during the period in which he served.

Prior to closing the case, the Board did note the analyst of record administrative 
notes below 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

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

2.  However, prior to closing the case, the Board noted the analyst of record 
administrative notes below and recommended those changes be completed.  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 for the period 
ending 5 October 1965 by adding the following awards: 

*	National Defense Service Medal
*	Vietnam Service Medal with two bronze services stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation 


	  
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 service records show he is authorized an additional 
award not annotated on his DD Form 214.  As a result correct his DD Form 214 as 
follows:

*	Add National Defense Service Medal
*	Add Vietnam Service Medal with 2 bronze service stars 
*	Add Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 600-8-22 (Military Awards) states 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.  Qualifying service also 
included temporary duty for 30 consecutive days or 60 nonconsecutive days in 
Vietnam or contiguous areas, except that the time limit may be waived for personnel 
participating in actual combat operations.  This same regulation states a bronze 
service star will be awarded for wear on the Vietnam Service Medal for participation 
in each credited campaign.

3.  Department of the Army Pamphlet 672-3 (Unit Citations and campaign 
Participation Credit Register) assist commanders and personnel officers in 
determining or establishing the eligibility of individual members for campaign 
participation credit, assault landing credit, and unit citation badges awarded during 
the Vietnam Conflict.  Department of the Army General Orders (DAGO) Number 59, 
dated 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit 
Citation to the 5th Special Forces Group, 1st Special Forces, for service in Vietnam 
for the period of 1 October 1964 to 17 May 1969.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, states the 
DD Form 214 is a summary of the Soldier's most recent period of continuous active 
duty.  It provides a brief, clear-cut record of all current active, prior active, and prior 
inactive duty service at the time of release from active duty, retirement, or discharge.  
The information entered thereon reflects the conditions as they existed at the time of 
separation.  For Item 25a. (Specialty Number and Title) enter primary MOS code 
number and title.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010193

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