ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20190000170 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his Social Security Number (SSN) as XXX-XX-XXXX * removal of entries documenting his excess leave * Army Good Conduct Medal (AGCM) * Vietnam Service Medal with two bronze service stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam service from August 1966 through August 1967 * his rank/grade as staff sergeant (SSG)/E-6 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 19 April 1968 * DD Form 215 (Correction to DD Form 214), dated 22 March 1971 * page 3, DA Form 20 (Enlisted Qualification 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 stated: a. The SSN is incorrectly shown as XXX-XX-XXXX. b. Page 3 of a DA Form 20, item 38 (Record of Assignments) shows in the last entry of Effective Date, duty Military Occupational Specialty, Principle Duty as 5 October 1967, 71P40, Operations Sergeant/E-6. He requests verification for promotion to this rank/grade. c. The entry in Item 16b (Days Accrued Leave Paid) of his DD Form 214 should be removed since he paid for the extra leave. d. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) should show: * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with any campaign star or stars for which he qualified 3. The applicant provided page 3 of the DA Form 20, 2-1 showing his service in Vietnam from 1 September 1966 through 25 August 1967. This document also shows he was authorized the Vietnam Service Medal with two bronze service stars. As a result his Vietnam service time and the award of the Vietnam Service Medal with two bronze service stars will be administratively corrected and not considered by the Board. 4. His available records contain a DD Form 93 (Record of Emergency Data), dated 16 April 1976, showing his SSN as XXX-XX-XXXX. As a result the SSN will be administratively corrected and not considered by the Board. 5. His available records contain a DD Form 215, dated 22 March 1971, showing his record was previously corrected to show the award of the AGCM. The AGCM will not be discussed further in this record of proceedings. 6. The Board will address his rank, the entry on his DD Form 214 documenting excess leave, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 7. The applicant's complete service record is not available for review. The available records show he enlisted in the Regular Army on 20 April 1965. 8. On 19 April 1968, he was released from active duty for expiration of term of service and transferred to control of the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: a. item 5a (Grade, Rate or Rank) – SP5 (P) (Specialist 5 – Permanent). b. item 5b (Pay Grade) – E-5. c. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized): * Air Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Rifle Badge with Rifle Bar (M-14) * two overseas service bars d. item 26b (Days Accrued Leave Paid) – 16 days excess. e. item 30 (Remarks) – 16 days excess leave from 9 September 1967 through 24 September 1967. 9. The available records do not include any leave and earnings statements or other documents that support his claim that the entries on his DD Form 214 documenting excess leave are in error. 10. He was attached to the U.S. Army Reserve Control Group from 20 April 1968 through 19 April 1971. 11. He enlisted in the Massachusetts National Guard on 28 October 1973. 12. He was discharged from the Massachusetts National Guard on 27 October 1974 for expiration term of service. His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service in the Army and National Guard of Massachusetts), dated 27 October 1974, shows his rank/grade as PVT/E-2. 13. He was issued a NGB Form 22A (Correction to NGB Form 22), dated 3 May 1976, showing his corrected rank as sergeant (E-5). 14. On 29 June 1976, he enlisted for a period of one year in the U.S. Army Reserve. His rank was shown as sergeant/E-5. 15. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows his grade as sergeant, and the effective date as 29 June 1976. 16. On 22 July 1976, he was ordered to annual training for 12 days. 17. On 29 August 1977, he was discharged from the U.S. Army Reserve. 18. The available records contain no orders showing: a. he qualified with the M-16 rifle. b. he was promoted to the rank/grade of sergeant/E-5 during the active duty period ending 19 April 1968. His U.S. Army Reserve and Massachusetts National Guard service reflect his rank/grade as sergeant/E-5. 19. Army Regulation 635-5 (Separation Documents) has no provision allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. His rank/grade at the time of his release from active duty on 19 April 1968 is shown as SP5 (P)/E-5. 20. The available records contain no record of his qualifying score with the M-16 rifle prior to his release from active duty in 1968. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. Besides the corrections annotated in the administrative notes below by the analyst of record, his record is absent evidence of the requested relief. Information showing he served in a position of a higher rank (SSG) does not substantiate he was promoted to that rank. Also, the Board agreed his record is absent evidence he qualified as an expert with the M-16. 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. 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): 1. The applicant qualified for the Vietnam Service Medal with two bronze service stars. As a result amend the DD Form 214 with an effective date 19 April 1968 by: * deleting the Vietnam Service Medal * adding the Vietnam Service Medal with two bronze service stars * adding the entry "Vietnam: 1 September 1966 through 25 August 1967" 2. Also correct his DD Form 214 to show the SSN recorded on his NGB Forms 22. 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is important that information entered thereon is complete and accurate. All available records will be used as a basis for preparation of the DD Form 214, including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. a. The instructions for item 3 (Social Security Number) stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher). b. The instructions for item 5a (Grade, Date or Rank) and item 5b (Pay Grade) stated to enter the date of rank for the grade shown at time of separation, indicating whether permanent or temporary. c. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It provides that the Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. b. Basic marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000170 2 1