IN THE CASE OF: BOARD DATE: 5 October 2020 DOCKET NUMBER: AR20200001479 APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 6 December 1978 to show: * his appointment to the rank/grade of captain (CPT)/O-3 in the Army Corps of Engineers in Military Occupational Specialty 1331 (Combat Engineer Unit Commander) * award of the Army Commendation Medal (3rd Award) * award of the Republic of Vietnam Civil Actions Honor Medal First Class * award of nine bronze service stars on his Vietnam Service Medal * award of five overseas service bars * completion of: * Infantry Senior Noncommissioned Officer (NCO) Career Development Course * Signal Unit First Sergeant (Skill Level 5) Course * Army Precommission Course * Company Commander Preparatory Course * Engineer Officer Basic Course * Engineer Advanced Course APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 71, dated 12 March 1968 * SO Number 44, dated 13 February 1969 * Precommission Correspondence Course diploma, dated 10 March 1972 * Infantry Senior NCO Career Development Correspondence Course diploma, dated 18 September 1973 * Signal Unit First Sergeant (Skill Level 5) Correspondence Course Certificate of Training, dated 8 July 1974 * Engineer Officer Basic Course diploma, dated 9 October 1975 * Company Commander preparatory correspondence course completion, dated 23 February 1976 * Appointment letter, dated 12 September 1977 * Promotion Certificate, dated 3 October 1977 * Orders Number 203-19, dated 13 October 1977 * Engineer Officer Advanced Correspondence Course diploma, dated 21 March 1978 * Army Commendation Medal Certificate, dated 12 December 1978 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's records contain sufficient evidence to administratively correct his DD Form 214 to show he is authorized: * Vietnam Service Medal with one Silver Service Star and four Bronze Service Stars * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Five overseas service bars 3. The Board will consider the applicant's request for correction of his DD From 214 to show: * Army Commendation Medal (3rd Award) * his appointment to the rank/grade of CPT * Infantry Senior Noncommissioned Officer (NCO) Career Development Course * Signal Unit First Sergeant (Skill Level 5) Course * Army Precommission Course * Company Commander Preparatory Course * Engineer Officer Basic Course * Engineer Advanced Course 4. The applicant states his DD Form 214 does not accurately reflect his commission, awards and decorations, and academic achievements while on active duty. 5. A review of the applicant's official records shows the following: a. On 27 May 1966, the applicant enlisted in the Regular Army. b. DA Form 2-1 shows the following schools/training in item 17 (Civilian and Military Schools) * Army Precommission extension course (1972) * Senior Infantry NCO extension course (1973) * Signal Unit First Sergeant extension course (1974) * Engineer Officer Basic extension course (1975) * Company Commander Preparatory Correspondence Course (1976) * Engineer Officer Advance extension course (1978) c. On 3 October 1977, the applicant was appointed as a Reserve commissioned officer in the rank of CPT and executed an oath of office. d. On 13 October 1977, Orders Number 203-19, issued by Headquarters, First United States Army, appointed the applicant in the rank of CPT as an engineer in the U.S. Army Reserve (USAR). e. From 10 March 1976 – 21 March 1978, the applicant, in the rank/grade of sergeant first class (SFC)/E-7, completed the non-resident Engineer Officer Advanced Course. f. On 6 December 1978, the applicant was honorably discharged from active duty. Item 6a (Grade, Rate or Rank) shows SFC. 6. The applicant provides: a. SO Number 71, issued by Headquarters, 509th Radio Research Group, which assigned the applicant to the 303rd Radio Research Battalion, effective on 18 March 1968. b. SO Number 44, issued by Headquarters, 303rd Radio Research Battalion, which authorized the applicant movement back to the U.S. from Vietnam. c. Precomission Correspondence Course diploma showing the applicant completed the training. d. Infantry Senior NCO Career Development Correspondence Course diploma showing the applicant completed the training. e. Signal Unit First Sergeant (Skill Level 5) Correspondence Course Certificate of Training showing the applicant completed the training. f. Engineer Officer Basic Course diploma showing the applicant completed the training. g. Company Commander preparatory correspondence course completion showing the applicant completed the training. h. Appointment letter showing the applicant was appointed as a Reserve commissioned officer of the Army in the USAR Control Group (Dual Component). i. Promotion Certificate showing the applicant was promoted to CPT in the Reserve. j. Engineer Officer Advanced Correspondence Course diploma showing the applicant completed the training. k. Army Commendation Medal (2nd Oak Leaf Cluster (i.e., 3rd Award)) Certificate, dated 12 December 1978, showing he received the award for exceptionally meritorious service as a senior instructor during his final active duty assignment. (Note: Orders for this award are not available in the applicant's record.) 7. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board noted that the regulation governing preparation of the DD Form 214 does not provide for recording correspondence courses on the DD Form 214. The Board determined the absence of the courses listed by the applicant is not an error or unjust. 3. The record shows the applicant had dual status as a Regular Army noncommissioned officer and as a Reserve commissioned officer. The Board noted that the regulation governing preparation of the DD Form 214 does not provide for recording a dual-status Soldier's Reserve rank or other Reserve information on the form. The Board determined the absence of the applicant's Reserve rank and other details of his Reserve status is not an error or unjust. 4. The Board agreed that, although the orders awarding the applicant the Army Commendation Medal (3rd Award) are not available in his record, the certificate he provides is sufficient as a basis for adding the award to his DD Form 214. 5. The Board concurred with the corrections described in Administrative Note(s) below. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX 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 amending his DD Form 214 for the period ending 6 December 1978 as follows: * Make the corrections described in Administrative Note(s) below * Add the Army Commendation Medal (3rd Award) 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 any relief in excess of that described above. 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): Review of the applicant's record confirms he is authorized decorations that are not recorded on his DD Form 214. Correct his DD Form 214 for the period ending 6 December 1978 by adding: * one Silver Service Star and four Bronze Service Stars for wear with his Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class * five overseas service bars REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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) in effect at the time prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service. The version of the regulation in effect at the time does not include a provision for the documentation of correspondence or extension courses nor appointment as a dual-status Reserve commissioned officer on the DD Form 214. 3. AR 600-39 (Dual Component Personnel Management Program) prescribes policies governing the Army's Dual Component Personnel Management Program. a. Dual component personnel Regular Army or Army of the United States enlisted or warrant officer personnel serving in that capacity on active duty, who have been appointed, and who simultaneously hold status as Reserve commissioned or warrant officers. This program allows the Department of the Army to quickly meet mobilization requirements through procurement of trained commissioned and warrant officers from enlisted and warrant ranks of the Regular Army. The concept of the program is to quickly meet the mobilization needs for officers through procurement of trained commissioned and warrant officers. Current active duty members are ready assets during times of rapid expansion of the Active Army. They can be mobilized to assume greater responsibilities quickly. Warrant officers or enlisted members may retire voluntarily in a commissioned officer status provided they have completed 10 years of active commissioned service in their overall total of 20-years active Federal service and hold a U.S. Army Reserve (USAR) commission at the time of retirement. b. When the individual upon appointment is not concurrently ordered to active duty in his Reserve grade, one copy of the appointment letter annotated with date of acceptance will be sent to the Commander, Reserve Personnel Actions Center, St. Louis, MO, for accessioning into the USAR Control Group (Dual Component). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001479 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1