ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    11 April 2019

	DOCKET NUMBER:  AR20170016890


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal (2nd Award) and to show his pay grade was E-5.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application For The Review of Discharge) 
* Orders – Appointment to Sergeant E-5 dated 29 September 1971
* Orders – Promotion to Specialist 5 dated 9 November 1971
* Certificate / Orders - Bronze Star Medal dated 8 December 1971
* Certificate / Orders - Bronze Star Medal dated 4 February 1972
* Orders – Release From Active Duty (REFRAD) 5 February 1972
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 February 1972
* DA Form 20 – Enlisted Qualification Record

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 he wants his pay grade changed from E-1 to E-5 and two Bronze Star Medals added to DD Form 214.

3.  The applicant’s request for correction of the pay grade shown on his DD Form 214 is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider correction of the applicant’s DD Form 214 to show the Bronze Star Medal (2nd Award).

4.  On 25 February 1970, the applicant was inducted into the Army of the United States.  He served in Vietnam from 24 February 1971 to 5 February 1972 and he was assigned to Company A, 159th Aviation Battalion.  
5.  Headquarters, 101st Airborne Division, issued:

* General Orders 11969, dated 8 December 1971, awarding the applicant the Bronze Star Medal for meritorious service during the period February 1971 to February 1972
* General Orders 1072, dated 4 February 1972, awarding the applicant the Bronze Star Medal for meritorious service during the period February 1971 to February 1972

5.  On 6 February 1972, he was honorably released from active duty.  His DD Form 214 does not show the Bronze Star Medal among his awards.  

6.  Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The 101st Airborne Division issued orders awarding the applicant Bronze Star Medal twice for meritorious service for the same period.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  Based upon the promotion orders provided by the applicant, the Board found that the applicant’s rank as it currently appears on his DD Form 214 is not accurate.  Therefore, the Board recommended changing the rank on the DD Form 214 to SP5, pay grade E5.  

However, the Board also found that based upon the two general orders for the Bronze Star Medal referring to the same time period, that only one award of the Bronze Star was appropriate.  For that reason, the Board recommended adding a Bronze Star Medal to the applicant’s DD Form 214, but not adding the second.

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 making the following corrections to the applicant’s DD Form 214:

* changing Item 5a to read “SP5”
* adding the Bronze Star Medal 

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 correcting his DD Form 214 to show the Bronze Star Medal (2nd Award).

3.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended making those changes as well to more accurately depict the military service of the applicant.

	 
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):

1.  At the time of his release from active duty, the applicant held the rank/grade of specialist five/E-5, as confirmed by orders in his record.  Correct his DD Form 214 to show in:

 * Item 5a – SP5
 * Item 5b – E-5

2.  Award him the Army Good Conduct Medal (1st Award) for the period 25 February 1970 to 6 February 1972 and correct his DD Form 214 to show in block 24:

* Vietnam Service Medal with three Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Army Good Conduct Medal (1st Award)



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) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

ABCMR Record of Proceedings (cont)	 AR20170016890


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