ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20180007164 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show/add the following: * his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 * the Bronze Star Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 101, dated 11 April 1970 and a copy of award of the Bronze Star Medal (no Orders Number) * Bronze Star Medal Certificate, dated 30 July 1970 * Bronze Star Medal Citation * DD Form 214, dated 12 March 1971 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 in pertinent part: * he was assigned to B Company, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade and after getting hit with a sapper attack he was made 1st platoon squad leader and he served as a squad leader 11 out of 12 months in Vietnam * by the time he left Vietnam he was a SGT and had been awarded 2 bronze stars * after leaving Vietnam, he was stationed at Fort Riley, KS and was told the 1st Infantry Division was going to Germany and he was given a choice of going or getting new orders to Fort Carson, CO and he chose to go to Fort Carson, CO * when he reported to his unit, the First Sergeant (1SG) told him the senior commander was starting a reconnaissance platoon and asked if he wanted to volunteer to be a part of it; the applicant told him he was getting out of the Army in 5 months and did not need the training, and he was not interested * the 1SG told him it was okay and he was assigned to A Company in the battalion and all went well until he was summoned to battalion and told he was going to reconnaissance school * he reported to the school and they were yelled at and harassed just like basic training * on the morning of the fourth day, they were doing training and exercises and the trainers were harassing and laughing about the sand burrs they were getting in their hands and that was the straw that broke the camel’s back * when training was done for the day, he and another Soldier walked out of the camp and hitched a ride to town; they called the other Soldier’s wife and she picked them up * he told the Soldier to pick him up in the morning from his apartment so they could go to A Company (their original unit of assignment) formation * when their immediate commander saw them in formation, he called them into his office and they explained the situation, that they were Vietnam veterans and did not need the training and would be leaving the Army, and the immediate commander told them they would have to go to battalion headquarters * he was demoted from SGT to SP4 and given extra duty and reassigned to A Company where he served until he was mustered out of the Army * he hopes that the rank of SGT might be reinstated and he would like his grave marker to say SGT; the rank he came back with from the War in Vietnam 3. A review of the applicant’s service records show the following on: * 13 March 1969 – inducted into the Army of the United States * 4 March 1970 – promoted to E-5 * 6 October 1970 – accepted non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failing to be at his appointed place of duty, his punishment was reduction to the grade of E-4 * his record is void of orders awarding him the Bronze Star Medal * 2 March 1971 – honorably released from active duty, DD Form 214 shows in: * item 5a (Grade, Rate or Rank) SP4 * item 6 (Date of Rank (DOR)) 6 October 1970 * DD Form 214 also shows he was awarded or authorized: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with 1960 Device 4. The applicant provides: * SO Number 101, issued by Headquarters, Americal Division, showing he was promoted to SGT * Bronze Star Medal Certificate presented to him for meritorious achievement in ground operations against hostile forces * Bronze Star Medal Citation presented to him for meritorious service in connection with military operation against a hostile force in the Republic of Vietnam 5. Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records when preparing DD Form 214. Item 5(a) enter the grade/rank in which serving at the time of separation. Item 6 enter the DOR for the grade/rank shown in 5a. 6. 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: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. Evidence indicates that the applicant did earn the Bronze Star Medal and this was not reflected on the applicant’s DD Form 214. However, there was insufficient evidence that the applicant was serving in the grade of sergeant/E5 at the time of his discharge; he had been reduced in rank to specialist/E4 and was serving in that rank when he was discharged. 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 amending the applicant’s DD Form 214, by adding the Bronze Star Medal (1st award). 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 rank to sergeant/E5. 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): Not Applicable 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. AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records when preparing DD Form 214. Item 5(a) enter the grade/rank in which serving at the time of separation. Item 6 enter the DOR for the grade/rank shown in 5a. 3. 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. ABCMR Record of Proceedings (cont) AR20180007164 0 4 1