IN THE CASE OF: BOARD DATE: 15 September 2021 DOCKET NUMBER: AR20210008432 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 April 1972 to show in: * item 5a (Grade, Rate, or Rank) – sergeant (SGT) * item 5b (Pay Grade) – E-5 * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Bronze Star Medal with 2nd Oak Leaf Cluster (representing three awards) * Purple Heart with 1st Oak Leaf Cluster (representing two awards) * Air Medal * item 30 (Remarks) –two tours of duty in Vietnam APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * two Self-Authored Statements/Letters, undated * two Purple Heart Certificates, 16 May 1970 and 4 August 1970 * Company B, 1st Battalion, 20th Infantry Regiment, Unit Order Number 36, 13 July 1970 (poor quality copy) * three Bronze Star Medal Certificates, 16 November 1970, 10 January 1971, and 10 April 1972 * Air Medal Certificate, 25 April 1972 * Headquarters, U.S. Army Personnel Center, Special Orders Number 112, 21 April 1972 * DD Form 214 * Honorable Discharge Certificate, 1 September 1975 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 states he served his time well during the Vietnam War and also in Europe. He wants his DD Form 214 corrected so the proper information will be reflected on his burial marker. He further states: a. He served two tours of duty in Vietnam as an infantry Soldier, but his DD Form 214 only shows one. b. He requests correction of the rank/grade shown on his DD Form 214 from specialist four (SP4)/E-4 to SGT/E-5. He was sent to Vietnam as a private first class (PFC)/E-3. He was then sent to leadership school. He had his own squad as a PFC and had permission to wear SGT/E-5 insignia, but he was not paid for the rank. He went before the SGT/E-5 board and passed. Being that he was a PFC, it was considered accelerated to get this promotion at that time. He was then sent out of country for his second tour of duty in Vietnam. During his second tour of duty in Vietnam, he was an SP4/E-4, also performing in an SGT/E-5 position with his own squad. He is not asking for monetary compensation for the rank. He wants his rank on his tombstone to show he served in Vietnam as an SGT/E-5. c. During his service in Vietnam, he received two Purple Hearts, three Bronze Star Medals, and one Air Medal. 3. Headquarters, Americal Division, General Orders Number 44XX, 7 May 19XX, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 5 May 1970. 4. Company B, 1st Battalion, 20th Infantry Regiment, Unit Order Number XX, 13 July 1970, appointed him to acting SGT/E-5 effective 13 July 19XX. 5. Headquarters, Americal Division, General Orders Number 94XX, 24 July 1970, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 22 July 1970. 6. Headquarters, Americal Division, Special Orders Number 2XX, 26 September 1970, appointed/promoted him to SP4/E-4 effective 4 September 1970. 7. Headquarters, Americal Division, General Orders Number 149XX, 12 November 1970, awarded him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 July 1970 to 31 October 1970. 8. His Bronze Star Medal Certificate, 10 January 1971, shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from February 1970 to January 1971. His records do not contain orders for this award. 9. Headquarters, 3d Brigade (Separate), General Orders Number 11XX, 6 April 1972, awarded him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from September 1971 to April 1972. 10. His DA Form 20 (Enlisted Qualification Record) shows in: * item 2 (Grade) – SP4 E-4 * item 31 (Foreign Service) – * 15 February 1970 through 30 December 1970 – U.S. Army Pacific-Vietnam * 14 November 1971 through 19 April 1972 – U.S. Army Pacific-Vietnam * item 33 (Appointments and Reductions) – * PFC/E-3 (Permanent) – 15 February 1970 * SP4/E-4 – 4 September 1970 * item 38 (Record of Assignments) – * 23 February 1970 through 26 December 1970 – duty military occupational specialty (MOS) 11B1O – rifleman – Company B, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, U.S. Army Pacific * 21 November 1971 through 16 April 1972 – duty MOS 11B2O – rifleman – Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry Regiment, 3d Brigade (Separate), 1st Cavalry Division (Airmobile) * item 39 (Campaigns) – 13th Campaign * item 40 (Wounds) – fragment wound – both feet – 22 July 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14) 11. On 21 April 1972, he was released from active duty. His DD Form 214 shows in: * item 5a – SP4 * item 5b – E-4 * item 24 – * National Defense Service Medal * Purple Heart * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * item 30 – "RVN [Republic of Vietnam]: 15 Feb 70-30 Dec 70 [15 February 1970 through 30 December 1970] -14 Nov 71-19 April 72 [14 November 1971 through 19 April 1972]" 12. Headquarters, 3d Brigade (Separate), General Orders Number 13XX, 25 April 19XX, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 21 September 1971 to 1 April 19XX. 13. A review of the applicant’s service record contains sufficient evidence to support he is eligible for awards that are not annotated on his DD Form 214 for the period ending 21 April 1972. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record, documents provided by the applicant and regulatory guidance. Evidence in the record show the applicant’s DD Form 214 accurately shows his two tours of duty in item 30 (Remarks). The Board determined there was sufficient evidence to support the correction to the applicant’s DD for 214 for awards not annotated in his military records. Therefore, relief was granted to correct the applicant’s record and award him the Bronze Star Medal w/ 2nd Oak Leaf Cluster and show his rank and pay grade as E-5 (T). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for 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 by adding: * item 5a (Grade, Rate or Rank) SGT(T) * item 5b (Pay Grade) E-5 (T) * item 24 (Decorations, Medals, Badges, Commendations, Citations & Campaign Ribbons Award or Authorized) – Bronze Star Medal w/ 2nd Oak Leaf Cluster 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 by adding: * Purple Heart (2nd Award), * Air Medal * Vietnam Service Medal with one silver and one bronze service star REFERENCES: 1. Title 10, U.S. Code, 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 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster will be awarded. b. The Vietnam Service Medal was awarded to all 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. A silver service star is worn instead of five bronze service stars. Participation credit was awarded for the following campaigns: * Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970 * Sanctuary Counteroffensive – 1 May 1970-30 June 1970 * Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971 * Consolidation I – 1 July 1971-30 November 1971 * Consolidation II – 1 December 1971-29 March 1972 * Vietnam Cease-Fire – 30 March 1972-28 January 1973 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20 (Enlisted Qualification Record) and orders. a. The specific instructions for item 5a (Grade, Rate, or Rank) stated to enter the grade in which serving at the time of separation, indicating whether permanent or temporary (e.g., "MSG [master sergeant] (P)" or "MSG (T)"). b. The specific instructions for item 5b (Pay Grade) stated to enter the pay grade (e.g., "E-8" or "E-4"). c. The specific instructions for item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 9 of the DA Form 20, omitting authorities cited therein. d. The specific instructions for item 30 (Remarks) stated the "Remarks" section will be used to complete entries too long for their respective blocks. When used for cross- reference, the item number must precede the continued information. (1) If grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment, as follows: (a) "Item 5-CPL [corporal] (P) (E-4) aptd [appointed] 1 Aug 58." (b) "Item 5-SP5 [specialist 5] (T) (E-5) aptd 13 Sep 58, date of rank 1 Aug 58." (2) Indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "Yes" for Indochina. Sample entries are as follows: (a) To show service in Vietnam only, "Vietnam-25 Apr 70 through 28 May 71, Indochina-Yes, Korea-No." (b) To show service in Indochina (other than Vietnam) only, "Indochina-Yes, Vietnam-No, Korea-No." (c) To show service in Korea only, "Indochina-No, Vietnam-No, Korea-Yes." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008432 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1