ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 July 2019 DOCKET NUMBER: AR20180014121 APPLICANT REQUESTS: correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the rank of captain (CPT) and additional awards and decorations: * Combat Infantryman Badge * Scuba Diver Badge * Expert Marksmanship Qualification Badge with Rifle Bar * Master German Airborne Badge * Master Parachutist Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 he would like his DD Form 214 corrected to reflect the requested grade and awards. 3. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 11 October 1966. b. On 18 May 1967, Special Orders Number 118 announced his award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. He was honorably discharged to accept commission on 11 October 1967. His DD Form 214 shows he completed 1 year and 1 day of continuous active service. He was awarded or authorized the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). d. On 12 October 1967, he was appointed as commissioned officer in the Regular Army and executed an oath of office on the same day. e. He was trained in and awarded military occupational specialty (MOS) (now called area of concentration (AOC)) 1542 (Infantry Unit Commander). He was promoted to first lieutenant (1LT) on 12 October 1968. f. He served in Thailand from 16 October 1968 to 15 October 1969. He was assigned to the 46th Special Forces Company (Airborne), 1st Special. His Officer Evaluation Reports show he performed the following duties: * 27 September 1968 to 16 February 1969, Liaison with Military Assistance Command - Thailand and U.S. Army Support Command - Thailand * 17 February 1969 to 1 July 1969, Conventional S-4 and Logistics Officer * 23 July 1969 to 7 October 1969, Training Officer of the Royal Thai Security Guard g. On 27 May 1970, Special Orders Number 111 awarded him the Marksmanship Marksman Qualification Badge with Rifle Bar (M-16). h. He was honorably released from active duty on 13 October 1970. His DD Form 214 shows he completed 4 years and 20 days of active service. It also shows in: * Block 5a (Grade, Rate or Rank) - 1LT * Block 5b (pay Grade) - O-2 * Block 24 (Decorations, Medals, badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) * Border Patrol Airborne Badge * Royal Thai Army Fourragere * Royal Thai Supreme Master Badge * Armed Forces Expeditionary Medal (LAOS) * National Defense Service Medal * Parachute Badge * Vietnam Service Medal * Vietnam Campaign Medal * Expeditionary Campaign Medal * Block 25 shows he completed the following education or training in 1969: Airborne Training, 3 weeks, 1968; U.S. Army Special Force Course (Counter-insurgency) 12 weeks, 1968; Scuba, 4 weeks, 1969; Special Forces Proficiency Course, 8 weeks, 1969; and Jumpmaster School, 2 weeks, 1969 i. Following his release from active duty, and assignment to Reserve unit, on 18 January 1974, he received a letter from the U.S. Army Reserve Components Personnel and Administration Center stating he had been promoted to the Reserve grade of CPT with an effective date of 11 October 1973. j. On 13 March 1979, Orders 03-1013041 directed his discharge from the Standby Reserve effective 1 May 1979. 4. By regulation, (AR 635-5) 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. The instruction for the rank/grade is as follows: Item 5a, for officer personnel, enter the grade in which serving at time of separation as shows in item 2, DA Form 66 (Officer Qualification Record), and Item 5b. enter pay grade. 5. By regulation, (AR 672-5-1) for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman or special forces Soldier satisfactorily performing thier duties * assigned to an infantry/SF unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat 6. By regulation, (AR 600-8-22): a. The Scuba Diver Badge has been renamed the Special Operations Diver Badge. It states the Special Operations Diver Badge and the Special Operations Diving Supervisor Badge may be awarded retroactively to members of any service who successfully completed the JFKSWC Combat Diver Qualification Course on or after 1 October 1964. b. The Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months. c. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), 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. There are no awards or decorations listed for the 46th Special Forces Company (Airborne), 1st Special Forces during the period of time served. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. The applicant’s record of is void evidence that shows he was awarded the CIB. He is advised to provide evidence (e.g. sworn statements, incident reports etc.) that shows a specific date in which he engaged the enemy while meeting other regulatory guidance for the award. His record is also absent of a jump-log and orders to show he is authorized the Master Parachutist Badge and the Master German Airborne Badge. Finally, he was promoted to the rank of CPT after the period of service covered by the DD Form 214. Based upon the promotion date, the Board determined there was no error or injustice. 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 following awards to his DD Form 214 for the period ending 31 October 1970: * Special Forces Tab * Special Operations Diver Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Add Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Add Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 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 showing his rank as CPT and adding additional awards and decorations to his DD Form 214 for the period ending 31 October 1970. 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 records shows he is authorized additional awards not annotated on his DD Form 214. As a result, amend his DD Form 214, ending on 13 October 1970 to show the following: * Special Forces Tab * Special Operations Diver Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Add Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Add Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 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) 635-5 (Separation Documents) states 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. The instruction for the rank/grade is as follows: * Item 5a, for officer personnel, enter the grade in which serving at time of separation as shows in item 2, DA Form 66 (Officer Qualification Record) * Item 5b, enter pay grade * Block 13, list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the soldier’s records. Do not use abbreviations 3. Army Regulation 672-5-1 (Awards – Decorations, Awards, and Honors), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat 4. The U.S. Army Institute for Military Assistance (USAIMA) was redesignated as the John F. Kennedy Special Warfare Center (JFKSWC) on 1 October 1983 as a result of a special operations forces realignment that year. The JFKSWC was, in essence, a branch school but was categorized as a U.S. Training and Doctrine Command (TRADOC) special activity. On 17 September 2004, the Army's Scuba Diver Badge was redesigned and renamed the Special Operations Diver Badge and an additional grade, the Special Operations Diving Supervisor Badge, was created. The prerequisites for selection for the Combat Diver Qualification Course state a member must be a commissioned officer, warrant officer, or enlisted member of the Active Army or Reserve Component or selected Department of Defense personnel assigned or on orders to a special operations forces unit. 5. Army Regulation 600-8-22 (Military Awards) states: a. The Scuba Diver Badge has been renamed the Special Operations Diver Badge. The Special Operations Diver Badge and the Special Operations Diving Supervisor Badge may be awarded retroactively to members of any service who successfully completed the JFKSWC Combat Diver Qualification Course on or after 1 October 1964. b. Award of the Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months. c. Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient. The German Armed Forces Parachutist Badge (bronze, silver and gold) is listed in appendix D. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), 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. There are no awards or decorations listed for the 46th Special Forces Company (Airborne), 1st Special Forces during the period of time served. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014121 5 1