ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 16 December 2019 
DOCKET NUMBER: AR20180013138

APPLICANT REQUESTS: In effect, add the following to his DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge)

*	Soldiers Medal for Heroism
*	Bronze Star Medal
*	Joint Service Commendation Medal
*	Certificate of Achievement (115th Military Intelligence Group)
*	Retired Reserve (7 May 1982)
*	Permanent Rank of captain (CPT) vice first lieutenant (1LT) in block 30 
(Remarks)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Achievement
*	Soldiers Medal Certificate
*	Bronze Star Medal
*	Joint Service Commendation Medal
*	Reference letter, 1 March 1972
*	Orders # C-05-905607, 7 May 1982
*	DD Form 214 (1 May 1969)
   *	DD Form 214 (10 February 1972) 
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 the items in which he wishes added to his DD Form 214 were 
omitted upon discharge and subsequent U.S. Army Reserve (USAR) Control Group 
action. He questions whether or not this permanent rank should be CPT instead of 1LT 
in item 30.



3.	The applicant provides:

*	Certificate of Achievement showing he was cited for outstanding service while 
assigned to the Los Angeles Field Office, Region II, 115th Military Intelligence 
Group from 15 September 1969 to 26 February 1971
*	Soldiers Medal Certificate which shows he was awarded the Soldiers Medal for 
heroism on 8 April 1971, no accompanying orders
*	Bronze Star Medal which shows he was awarded the Bronze Star Medal for 
Meritorious Achievement in ground operations against hostile forces in the 
Republic of Vietnam from June 1971 to January 1972
*	Joint Service Commendation Medal which shows he was awarded the Joint 
Service Commendation Medal for meritorious achievement in the performance of 
his duties during the period 27 October 1971 to 25 January 1972
*	Reference letter, 2 March 1972 describing the exceptional performance while 
serving as Chief, Personnel Security Branch, Counterintelligence Directorate, J-2 
Headquarters US Military Assistance Command, in Vietnam
*	Orders # C-05-905607, 7 May 1982 which shows he was reassigned in the 
reserves by reason of being medically disqualified for Active Duty and assigned 
to USAR Control Group (Retired) effective 7 May 1982
*	DD Form 214 (1 May 1969) which shows he was honorably discharged to accept 
commission as Officer in the Army on 1 May 1969
*	DD Form 214 (10 February 1972)

4.	A review of the applicant’s service records shows the following:

   a.	Having had prior enlisted service, he was commissioned as a Reserve Officer 
and entered active duty on 2 May 1969.

   b.	He served in Vietnam from 21 May 1971 to 1 February 1972. He was assigned 
to Headquarters, Military Assistance Command - Vietnam (MACV).

   c.	His service record contains a letter, dated 30 September 1971 addressed to the 
Commanding General, XVIII Airborne Corps, indicating that the recommendation for 
award of the Soldiers Medal to the applicant had been approved. A second letter, dated 
24 November 1971, from the Office of The Adjutant General transmitted the award 
certificate to the applicant.

   d.	General Orders Number 219, issued by U.S. Military Assistance Command - 
Vietnam on 17 January 1972, awarded him the Bronze Star Medal for service from June 
1971 to January 1972.  He provides the resultant certificate.

   e.	General Orders Number 559, issued by U.S. Military Assistance Command - 
Vietnam on 24 February 1972, awarded him the Joint Service Commendation Medal for 
service from 27 October 1971 to 25 January 1972.  He provides the resultant certificate.
   


   f.	He was honorably released from active duty on 10 February 1972. His DD Form 
214 shows in:

*	Block 5a (Grade, Rate or Rank), CPT and 5b (Pay Grade) O-3
*	Block 6 (date of Rank) 2 May 1971
*	Block 24 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized), National Defense Service Medal, 
Vietnam Service Medal, Vietnam Campaign Medal, one overseas service bar
*	Block 30 (Remarks), Item 5a, Permanent Grade 1LT Appointed 2 May 1971"

   g.	Record of Army Decorations Board Action, dated 3 August 1971 shows the Board 
approved the recommendation of the Soldier’s Medal for heroism on 8 April 1971.  Also 
a 10% increase in pay based on award of Soldier’s Medal was disapproved.

   h.	His DA Form 66 (Officer Qualification Record) is not available for review with this 
case.  Likewise, his promotion orders to CPT, whether temporary or permanent grade.

   i.	AGUZ Form 173 (Screening the Standby Reserve) shows his rank as CPT in the 
standby reserve. He elected to be transferred to the inactive status list of the Standby 
Reserve on April 1974.

   j.	AGUZ FL 269 (Removal from the Inactive Standby Reserve) shows on 18 March 
1977, he chose to remain assigned to the inactive status list if approved by the 
Secretary of the Army.

   k.	On 7 May 1982, U.S. Army Reserve Components and Administration Center, St. 
Louis, MO, published Orders C-05-905607 transferring him to the Retired Reserve 
effective 7 May 1982, in the rank of CPT.

5.	AR 140-10 sets forth the basic authority for the assignment, attachment, detail, and 
transfer of USAR Soldiers. Paragraph 5-1 states members of the Army Reserve will, 
upon request, be assigned to the Retired Reserve when they meet any of the several 
eligibility requirements, including (a) Are entitled to receive retired or retirement pay 
from the Armed Forces by virtue of prior military service; (b) have completed a total of 
20 years' service, active or inactive, in the Armed Forces; and request the transfer.

6.	AR 635-5 (Personnel Separations-Separation Documents) states the DD Form 214 
is a summary of the Soldier's most recent period of continuous active duty.

*	Block 5a states enter grade in which serving at time of separation, indicating 
whether permanent or temporary.  Example: "MSG (P)” or "MSG (T)."
*	Block 5b states enter pay grade, e.g., "E-8" or "E-4."
*	Block 24, enter all decorations, service medals, campaign credits, and badges 
awarded or authorized, omitting authorities cited therein; certificates of 
achievement and/or appreciation are not listed on the DD Form 214



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted. Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board made the following 
findings:

*	Soldiers Medal for Heroism – GRANT, based upon the certificate provided by the 
applicant and the military memorandum related to the award in the applicant’s 
record

*	Bronze Star Medal – GRANT, based upon General Order Number 219, dated 17 
Jan 72, showing the applicant was previously awarded the BSM

*	Joint Service Commendation Medal – GRANT, based upon General Order 
Number 559, dated 24 Feb 72, showing the applicant was previously awarded 
the JSCM

*	Certificate of Achievement (115th Military Intelligence Group) – DENY, based 
upon regulatory guidance stating Certificate of Achievements not being reflected 
on DD Form 214s

*	Retired Reserve (7 May 1982) – DENY, the applicant’s last tour of active duty 
status ended on 10 Feb 72, and he was not transferred to the Retired Reserve 
until 7 May 82; therefore, at the time of his last active duty tour, the type of 
discharge was correctly annotated as “RELIVED FROM ACTIVE DUTY.”

*	Permanent Rank of captain (CPT) vice first lieutenant (1LT) - DENY, based upon 
the applicant's rank in block 5a reflecting "CPT", the Board determined his rank 
was already permanently reflected as a captain. The Board did not know the 
specific reason for the annotation in block 30, but concluded there was 
insufficient evidence to show there was an error or injustice which warranted a 
change.
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 Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 by adding the Soldiers Medal, Bronze Star Medal, and Joint 
Service Commendation Medal.

2.	Additionally, the Board noted the administrative note below from the analyst of 
record and recommended that change also be completed to more accurately reflect his 
military service.

3.	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 all other requested relief.

2/7/2020
 X
CHAIRPERSON
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 10 February 1972, 
to add in Block 24 the:

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation



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 140-10 (Army Reserve – Assignments, Attachments, Details, and 
Transfers) sets forth the basic authority for the assignment, attachment, detail, and 
transfer of USAR Soldiers. Paragraph 5-1 states members of the Army Reserve will, 
upon request, be assigned to the USAR Control Group (Retired) when they meet any of 
several eligibility requirements, including being entitled to receive retired or retirement 
pay from the Armed Forces by virtue of prior military service, and have completed a 
total of 20 years' service, active or inactive, in the Armed Forces.

3.	Army Regulation 635-5 (Separation Documents), in effect at the time, established 
the standardized policy for preparing and distributing the DD Form 214. The DD Form 
214 provides the individual with documentary evidence of their military service. It is 
important that information entered on the form should be complete and accurate.

   a.	Items 5a and 5b show the rank/grade in which a member was serving at the time 
of separation with an indication if permanent or temporary; for example "MSG (T) 
(Master Sergeant, Temporary), SP4 (P)."

b.	Item 6 shows the date of rank for the grade shown in item 5a.

      (1)	If the date of rank is different from the date of appointment, enter the date of 
appointment in item 30 (Remarks).

      (2)	If the grade at the time of separation is not permanent, the permanent grade, 
date of appointment, and date of rank, if different from date of appointment will be 
entered in item 30.

   c.	Item 30 is used to complete entries too long for their respective blocks and/or as 
a cross-reference.  An entry is made in item 30 with respect to the grade as follows:

      (1)	If the date of appointment is different from the date shown in item 6, enter 
date of appointment as follows:  Item 6 - Date of Appointment 15 August 1955.

      (2)	If the grade shown in item 5 is not permanent, enter the permanent grade, 
date of appointment, and date of rank if different from date of appointment, as follows, 
"Item 5 - MSG (P) (E-8), Appointed 1 August 1988" or Item 5 - SP5 (T), Appointed 13 
September 1958, date of rank 1 August 1958."
      


   d.	Block 24, enter from item 21, DA Form 66 (Officer Qualification Record), or 
section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, 
campaign credits, and badges awarded or authorized, omitting authorities cited therein. 
Certificates of achievement, appreciation, and other certificates are not listed on the DD 
Form 214.

4.	Department of the Army General Orders Number 8, dated 1974, announced award 
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

*	Headquarters, U.S. Military Assistance Command and its subordinate units 
during the period 8 February 1962 to 28 March 1973
*	Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 
July 1965 to 28 March 1973

NOTHING FOLLOWS