IN THE CASE OF: BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20170011110 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 MG: JB: SO: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: Thomas, Beopholus F. Jr. BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20170011110 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests he would like his awards added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states his final DD Form 214 shows none of his awards and he needs them listed on his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records. 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: • DA Form 4 (Enlistment Contract), dated 1969-02-25 and 1970-09-11 • special order 268, Headquarters, Fort Benning, dated 15 December 1969 • special order 268, Headquarters, Fort Benning, dated 17 December 1969 • general order 74, Headquarters, 18th Engineer Brigade, dated 28 January 1971 • DA Form 137 (Installation Clearance Record) • DA Form 20 (Enlisted Qualification Record) • DD Form 214, for periods ending 19700910 and 19730221) REFERENCES: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The specific instructions for item 24 stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from the DA Form 20, omitting authorities cited therein. Later versions of this regulations stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION: 1. While the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, and has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. He enlisted in the Regular Army on 25 February 1969. He served in Vietnam from 25 March 1970 to 23 February 1971. He was assigned to Company D, 299th Engineer Battalion. 3. He was honorably discharged on 10 September 1970 for immediate reenlistment. His DD Form 214 shows he was award the National Defense Service Medal and the Vietnam Service Medal. 4. He reenlisted on 11 September 1970, while still serving in Vietnam. He was promoted to sergeant/E-5 on 26 January 1971. 5. His Enlisted Qualification Record shows: • item 29 (Qualification in Arms): Sharpshooter Badge M-14, dated 3 December 1969 and Expert Badge M-16, dated 17 December 1969 • item 31 (Foreign Service) Vietnam, 25 March 1970 through 23 February 1971 and Germany, 6 April 1971 through 5 September 1973 • item 38 (Record of Assignment), he received excellent conduct and efficiency ratings throughout his military service • item 39 (Campaigns) Vietnam Winter-Spring 1970, Sanctuary Counter Offensive, and Vietnam Counter Offensive Phase VII • item 41 (Awards and Decorations) National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 60 Device, Overseas Bar, Army Commendation Medal, and Service Stripes 6. He was honorably discharged on 21 February 1973 (for hardship). His DD Form 214 for this period of service show he completed 2 years, 5 months, and 12 days of active service and 1 year, 6 months, and 16 days of prior service. It also failed to list any awards. 7. He met the criteria for award of the Army Good Conduct Medal in that: • He completed a total of 3 years, 11 months, and 28 days of active service • He had excellent conduct and efficiency ratings • There is no record of a court-martial conviction 8. His service record shows he was awarded the following badges and awards: • Sharpshooter Badge M-14 • Expert Badge M-16 • National Defense Service Medal • Vietnam Service Medal with 2 Bronze Stars • Republic of Vietnam Campaign Medal with 1960 Device • overseas bar • Army Commendation Medal //NOTHING FOLLOWS// IN THE CASE OF: Thomas, Beopholus F. Jr. BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20170011110 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: • Awarding him the Army Good Conduct Medal 91st Award) for service during the period 25 February 1969 through 24 February 1972 • adding the following awards to his DD Form 214 for the period ending 21 February 1973: • Army Good Conduct Medal (1st Award) • Army Commendation Medal • National Defense Service Medal • Vietnam Service Medal with two bronze service stars • Republic of Vietnam Campaign Medal with Device (1960) • Expert Marksmanship Qualification Badge with Rifle Bar (M-16) • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) Microsoft Office Signature Line... 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.