ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 December 2019 DOCKET NUMBER: AR20180013663 APPLICANT REQUESTS: * award of the Presidential Unit Citation Department of the Army General Order (DAGO) 51-68, Valorous Unit Award DAGO 17-68, Cross of Gallantry DAGO 51- 68 and two Bronze Stars on campaign ribbon * correction to his rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from “SP4(T)” to “SFC” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * DD Form 214 * Honorable Discharge certificate * Army Reserve chronological statement of retirement points 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, in effect: a. He served with Company A, 3rd Platoon, 1st Battalion, 1/35th Infantry, 21st Infantry Division, in the Pleiku Province, Vietnam, from 31 December 1965 to 20 December 1966. Following his discharge from active duty, he was informed by a friend that his unit had been awarded other medals and ribbons. b. While serving with the 438th Military Police Detachment, which was disbanded years ago, he was promoted to Sergeant First Class (SFC)/E-7. 3. The applicant provides: a. Honorable Discharge certificate, which reflects he was honorably discharged from the United States Army Reserve on 17 May 1971, as a Specialist 4 (SP4). b. Army Reserve chronological statement of retirement points, dated 3 August 2001, reflects service in the United States Army Reserve (USAR) prior to and after his active duty service, from 2 February 1958 to 1 February 1959 and from 18 May 1967 to 26 August 1995. It also reflects, as of the date of statement, he was a Sergeant First Class (SFC). 4. A review of the applicant’s service record shows: a. The complete facts and circumstances surrounding the applicant’s military service are not available to the Board for review with this case. b. However, he was inducted into the Army of the United States on 18 May 1965, with the military occupational specialty of 11B (Light Weapons Infantryman). c. He was released from active duty and transferred to the United States Army Reserve (USAR) on 17 May 1967. His DD Form 214 shows he was released under the provisions of AR 635-200, Section I, Chapter 2, separation program number (SPN) 201, Expiration Term of Service (ETS), and his service was characterized as honorable. It also shows his rank as Specialist 4 (SP4)(T)/E-4 and last duty assignment and major command as Sixth U.S. Army, Headquarters Company, Communications Group, Fort Ord, California. d. He was awarded or authorized the Republic of Vietnam Campaign Medal, Vietnam Service Medal, National Defense Service Medal and the Combat Infantryman Badge. 5. Department of the Army Pamphlet (DA Pam) 672-3 (Decorations, Awards, and Honors – Unit Citation and Campaign Participation Credit Register), is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Additional unit awards are included for meritorious achievement in the continental United States (CONUS) and other foreign countries. Army Regulation (AR) 672–5–1 (Military Awards) and AR 670–1 (Wear and Appearance of Army Uniforms and Insignia) are related publications. 6. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The Board considered the applicant's statement, supporting documents and his available record of service. The Board found that the applicant’s record is void of documentation showing his unit(s) of assignment in Vietnam or that he was authorized/awarded the requested awards. In addition, his record does not show evidence that he was promoted to the rank of SFC during the period of active duty service documented on his DD Form 214 or that he had additional active duty service that would warrant the issuing of a DD Form 214. Based on a preponderance of evidence, the Board found there to be insufficient evidence of an error or injustice which would warrant a correction to the record. 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. 2/5/2020 X Barbara Stansbury CHAIRPERSON Signed by: STANSBURY.BARBARA.1245179614 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 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. Department of the Army Pamphlet (DA Pam) 672-3 (Decorations, Awards, and Honors – Unit Citation and Campaign Participation Credit Register), is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Additional unit awards are included for meritorious achievement in the continental United States (CONUS) and other foreign countries. AR 672–5–1 (Military Awards) and AR 670–1 (Wear and Appearance of Army Uniforms and Insignia) are related publications. 3. Army Regulation (AR) 635-5, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. b. Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 5a (grade, rate or rank) on the DD Form 214.