ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20180001193 APPLICANT REQUESTS: * correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) item 5a (Grade Rate or Rank) to show “SGT/ E5” (Sergeant) instead of “SP4/E4” (Specialist) (Temporary (T)) * to be awarded the Bronze Star Medal * to add the Combat Infantryman Badge (CIB) to his DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Gunner’s Flying Duty Medical Clearance Statement, dated 18 January 1968 * Page 2 of Special Orders Number 125 * DA Form 759 (Individual Flight Record – Army Aviator) * DA Form 759 Part 1 (Individual Flight Record and Flight Certificate – Army) * General Orders Number 4076 (Award of the CIB) * DA Form 200 (Transmittal Record) * DD Form 214 * Western Union Telegram message on 4 May 1970 * Article, Army Probers End Hearings in My Lai Case, dated 10 March 1970 * letter from Department of Veterans Affairs (VA), dated 20 September 2010 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 Board will not consider the CIB portion of the applicant's requests, as this item will be addressed through an administrative correction. The Board will consider SGT/ E5 and Bronze Star Medal. 3. The applicant’s states, in effect: a. One or two months before he was discharged, he went to the promotion board for selection to SGT. His commanding Officer and First Sergeant both congratulated him. b. In 1968, he was the door gunner for General X__, who told him that he and the crew chief would receive the Bronze Star Medal. The crew chief received the Bronze Star with V-device. Hid CIB also does not show in his records. c. He believes that the day he separated from the Army, the person doing the paperwork asked if he was an E4 or E5, because he had on an E4 shirt. They then went “back and fort[h]” but looking back, he should have pursued it differently. At the time, he did not know he had Post Traumatic Stress Disorder (PTSD) and just wanted to leave. d. The reenlistment officer offered him Staff Sergeant/E6 rank and around “5000” to enlist and go to flight school warrant officer school for helicopter pilot training (sic). The E6 was for Provost Marshall Investigator School. 4. A review of the applicant’s service records shows the following on: * 4 August 1967 – inducted in the Army of the United States on as a military policeman (95B) * DA Form 20 (Enlisted Qualification Record) shows the following on: * 1 January 1968 – 22 December 1968 – served in Vietnam as a Machine Gunner with A company, 123 Aviation Battalion, US Army Pacific (USARPAC) * 18 April 1968 – promoted to the rank/grade of specialist for (SP4)/E-4 Temporary (T) under the provisions of Unit Order 18, A Company, 123d Aviation Battalion * 18 April 1968 – awarded the Military Occupational Specialty (MOS) of infantryman (11B) * 1 July 1969 – recommended for promotion to the grade of SGT/E5 * 1 August 1969 – honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) 5. The applicant provided: * his DD form 214, which shows the following in item: * 5a (Grade, Rate or Rank) SP4 (T) * 6 (Date of Rank) 18 April 1968 * 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * letter from the VA on 20 September 2010, where the applicant was notified a 100% permanent and total evaluation rating was assigned effect 10 May 2010 for his service-connected disability 6. His record is void of any orders or citations: * promoting him to the rank of SGT * awarding him the Bronze Star Medal 7. Army Regulation (AR) 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army wide promotion policy and procedures. It stated the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 8. AR 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of DD Form 214. It states that items 5a will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier's promotion/reduction orders; and item 6 shows the date of rank. Item 24 lists all campaign credits and badges awarded or authorized. 9. Army Regulation (AR) 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. BOARD DISCUSSION: The analyst of record provided the CIB in the administrative notes below. After review of the application and all evidence, the Board determined there is insufficient evidence to grant further requested relief. The applicant’s contentions were carefully considered. His record shows he was recommended for promotion to SGT; however, he was not promoted to SGT prior to his separation. His record is absent orders showing he was awarded the Bronze Star Medal. Based upon the evidence of record, the Board agreed there was no error or injustice in this case. ? 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: 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): General Orders Number 4076 issued by Headquarters, Americal Division, on 12 July 1968 is sufficient to add the CIB award to item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214. 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 (AR) 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army wide promotion policy and procedures. It stated the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 3. AR 635-5 (Separation Documents) in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of DD Form 214. It states that items 5a will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier's promotion/reduction orders; and item 6 shows the date of rank. Item 24 lists all campaign credits and badges awarded or authorized. 4. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (1) Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. (2) The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001193 4