ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  2 July 2019

	DOCKET NUMBER:  AR20170011722


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* V device with the Air Medal
* Senior Army Aviator Designation
* Expert Marksmanship Qualification Badge with Carbine Bar 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Status of Award memorandum, dated 5 November 1966
* National Guard Bureau (NGB) Designation of Senior Army Aviator, dated 13 September 1979 and 11 June 1981
* General Orders (GO) Number 1327, dated 18 July 1966 (Air Medal)
* NGB Form 22 (Report of Separation and Record of Service), dated 9 April 1960
* 1969 Excerpt of Army Regulation (AR) 600-8-19 (Enlisted Promotions and 

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 they were not transferred to his DD Form 214 for unknown reasons. 

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Nebraska Army National Guard (NEARNG) on 10 April 1957.  He was honorably discharged from the NEARNG on 9 April 1960.  His NGB Form 22 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and Expert Marksmanship Qualification Badge with Carbine Bar. 

	b.  He was appointed as a Reserve commissioned officer and executed an oath of office on 6 August 1962. 

	c.  He entered active duty on 23 November 1962.  He served in Germany from 5 February 1964 to 24 July 1965.  

	d.  He also served in Vietnam from 21 September 1965 to 24 August 1966, through 3 campaigns (Vietnam Defense, Counteroffensive, and Counteroffensive Phase II campaigns).  He was assigned to the 1st Squadron, 4th Cavalry. 

	e.  He was honorably released from active duty on 8 February 1967.  His DD Form 214 show she was awarded or authorized: 

* Army Aviator Badge
* Vietnam Service Medal
* Air Medal with 14 oak leaf clusters
* National Defense Service Medal
* Vietnam Campaign Medal
* Distinguished Flying Cross with 1st oak leaf cluster

	f.  After his release from active duty, he served in the ARNG, assigned to the 24th Medical Company, Lincoln, NE.

	g.  On 13 September 1979 and 11 June 1981, the NGB awarded him the Designation of Senior Army Aviator. 

	h.  He was separated from the NEARNG on 20 November 1986. 

	i.  He was appointed as a Reserve commissioned officer of the IAARNG on 21 November 1986. He was separated from the IAARNG on 9 November 1988 and transferred to the U.S. Army Reserve Control Group.

	j.  He was honorably discharged from the U.S. Army Reserve on 1 February 1990. 

	k.  On 14 September 2006, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that deleted the Distinguished Flying Cross with 1st oak leaf cluster and added the Distinguished Flying Cross with 2nd oak leaf cluster.

	l.  On 30 December 2010, he was issued a second DD Form 215 that deleted the Air Medal with 14 oak leaf clusters and added the Air Medal with V Device and 14 oak leaf clusters.


4.  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.

* The V device with the Air Medal was corrected via a DD Form 215 on 30 December 2010
* The Senior Army Aviator Designation occurred in 1979/1982; the DD Form 214 ended on 8 February 1967
* The Expert Marksmanship Qualification Badge with Carbine Bar may be administratively added without action by the Board

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found partial relief was warranted.  The applicant’s contentions were carefully considered.  He received a DD Form 215 that listed the Air Medal with “V” device, so this request was previously granted.  His designation as a Senior Aviator was after the period of service covered by the DD Form 214.  The Board agreed circumstances occurring after the period covered by the DD Form 214 does not require updating of the separation document.

2.  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

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined 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.


	 
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 shows he is entitled to awards not listed on his DD Form 214.  As a result, amend his DD Form 214, ending on 8 February 1967 as follows: 

* Delete the Vietnam Service Medal;
* Add the Vietnam Service Medal with 3 bronze service stars
* Add the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Add the Expert Marksmanship Qualification Badge with Carbine Bar 


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 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 general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011722


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