ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20180004668 APPLICANT REQUESTS: * Addition of the Bronze Star Medal (BSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Correction of his Military Occupational Specialty (MOS) from Cook to appropriate MOS APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * BSM Certificate 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, he was awarded the BSM subsequent to discharge, he was a combat soldier but assigned as "cook" while awaiting discharge processing at Ft Ord. His MOS is inaccurate. 3. The applicant provides, a BSM Certificate, dated 31 December 1999, which states that the applicant displayed heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 4 November 1969. 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 18 November 1968. He served in Vietnam from 4 May 1969 to 6 December 1969. b. His DA Form 20 (Enlisted Qualification Record) reflects that he served in the capacity of 13A (Cannoneer), while deployed to Vietnam. c. On 2 December 1969, he was awarded a BSM with “V” device, for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 4 November 1969. The award was awarded under Headquarters, 1st Cavalry Division, General Orders Number 15304, dated 2 December 1969. d. On 29 April 1970, he was promoted to Specialist Five (SPC5) in the 94B20 MOS (Cook), and awarded primary MOS 94B20 (Cook) and had primary MOS 13A10 withdrawn. e. On 17 November 1970, he was honorably transferred to the United States Army Reserve (USAR), under the provisions of Army Regulation (AR) 635-200, for expiration terms of service (ETS). He had 2 years of active service. His DD Form 214 also reflects in: * item 23a (Specialty Number and Title), 94B20 (Cook) * Item 25 (Education and Training Completed): Basic Combat Training f. On 1 November 1974, he was honorably discharged from the USAR under the provisions of AR 135-178 (Enlisted Administrative Separations) due to ETS. His rank is reflected as SP5 and his MOS as 94B20. 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 Block 23a (Specialty Number and Title), enter primary MOS code number and title held at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was awarded the BSM with “V” device; however, the award is not listed on his DD Form 214. His promotion orders to SP5 shows MOS 94B was awarded and MOS 13A was withdrawn. The Board agreed there was no clear evidence his MOS was incorrectly listed on his DD Form 214. 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 adding the Bronze Star Medal with “V” device to item 24 on his DD Form 214 for the period ending 17 November 1970. 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 changing his MOS on the DD Form 214. 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. 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 (AR) 635-5 (Personnel Separations - Separation Documents), prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. 3. AR 635-200 (Personnel Separations – Enlisted Personnel), sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. 4. AR 635-8 (Personnel Separations – Separation Processing and Documents), prescribes the transition processing function of the military personnel system. This new regulation provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180004668 3 1