ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20190002891


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 25 November 1967 to 
show in:

*	item 5a (Grade, Rate or Rank) the rank of captain (CPT)
*	item 24 (Decorations, Medals, Badges, Commendations, Citations and 
      Campaign Ribbons Awarded or Authorized) the Bronze Star Medal (BSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Special Orders Number 130
*	DD Form 214
*	General Orders Number 2748
*	BSM citation
*	BSM certificate

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 Board will not consider the applicant's request for award of the BSM as this item 
will be addressed through an administrative correction.

3.  The applicant was appointed as a Reserve Commissioned Officer of the Army in the 
rank/grade of second lieutenant (2LT)/O-1, on 5 September 1967.

4.  The applicant was ordered to active duty from the U.S. Army Reserves in the 
rank/grade of 2LT/O-1, on 22 November 1967.  

5.  Evidence shows he served in the Republic of Vietnam from 16 November 1968 
through 14 November 1969, with U.S. Army Strategic Communications Command 
(USASTRATCOM), Systems Engineering and Management Agency.

6.  Special Orders Number 320 issued by Headquarters, 1st Signal Brigade 
(USASTRATCOM) on 22 November 1968, promoted the applicant from the rank/grade 
of 2LT/O-1 to first lieutenant (1LT/O-2), effective 22 November 1968.

7.  He was honorably released from active duty on 25 November 1969.  The DD Form 
214 he was issued shows in item 5a "1LT," in item 5b (Pay Grade) "O-3" and in item 6 
(Date of Rank) "22 Nov 68."  The applicant's DD Form 214 shows he was awarded or 
authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal (VSM)
*	Vietnam Campaign Medal with Device (1960)

8.  His records do not contain promotion orders, which indicate he was selected for or 
promoted to the rank/grade of CPT/O-3 by proper authority during his active duty 
tenure.

9.  On 22 May 1973, the applicant was promoted as a Reserve Commissioned Officer of 
the Army to the rank/grade of CPT/O-3.

10.  The applicant provides a copy of Special Orders Number 130 issued by 
Headquarters, Fifth U.S. Army, Fort Sam Houston, TX on 5 July 1974, which lists his 
rank as CPT.

11.  The applicable regulation states the DD Form 214 is a synopsis of the Soldier's 
most recent period of continuous active service.  It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or discharge.  
The active duty rank and pay grade at time of the Soldier's separation will be listed on 
the DD Form 214; the rank is taken from the Soldier’s promotion/reduction orders.

BOARD DISCUSSION:

1.  The Board noted the applicant was promoted to CPT/O-3 after he was released from 
active duty.  The DD Form 214 is intended to reflect the record as it exists at the time of 
release or discharge from active duty.  He held the rank/grade of 1LT/O-2 at the time of 
his release from active duty.  His rank (1LT) is properly recorded on his DD Form 214.  
His grade was recorded as O-3 on his DD Form 214 in error.  

2.  The Board concurred with the Administrative Note(s) below.  


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:

Other than the Administrative Note(s) below, the Board determined 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):  The following orders and regulatory cites are sufficient to 
make the following administrative corrections to the applicant's DD Form 214 for the 
period ending on 25 November 1969 without action by the Board:

*	General Orders 2748, issued by HQ, 1st Signal Brigade (USASTRATCOM), on  
31 October 1969, awarded him the BSM
*	Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record), 
awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
M14
*	DAGO Number 8, dated 1974, awarded him the Republic of Vietnam Gallantry 
Cross with Palm Unit Citation
*	DA PAM 672-3 paragraph 8a (9,10,11,12)
*	DAGO Number 48, dated 1971, awarded him the Meritorious Unit 
Commendation (MUC)

     a.  delete from item 5b (Pay Grade) "O-3" and add to item 5b "O-2";

     b.  delete the VSM from item 24 (Decorations, Medals, Badges, Commendations, 
Citations and Campaign Ribbons Awarded or Authorized), and;

     c.  add the following awards to item 24:

*	VSM with 4 bronze service stars
*	BSM
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar M14
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	MUC


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), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 
is a synopsis of the Soldier's most recent period of continuous active service.  It 
provides a brief, clear-cut record of active Army service at the time of release from 
active duty, retirement, or discharge.  Chapter 2 of the regulation contains guidance on 
the preparation of the DD Form 214.  It states that item 5a (Grade, Rate or Rank) and 
5b (Pay Grade) will show the active duty rank and pay grade at time of the Soldier's 
separation; the rank is taken from the Soldier’s promotion/reduction orders; item 6 
(Date of Rank) shows the date of rank.

ABCMR Record of Proceedings (cont)	 AR20190002891

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