RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060002035


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Mr. Karmin S. Jenkins             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to
document his combat parachute jump.

2.  The applicant states, in effect, he wants his combat jump added to his
separation document (DD Form 214).  He states that he made a combat
parachute jump with the 2nd Battalion, 503rd Infantry Regiment, 173rd
Airborne Brigade, in the Republic of Vietnam (RVN) on 22 February 1967.

3.  The applicant provides no additional documentary evidence to support
his claim.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 November 1967, the date of his separation from active
duty.  The application submitted in this case is dated 1 February 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 26 January 1965.  He was trained in, awarded, and
served in military occupational specialty (MOS) 43E (Parachute Rigger).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 11 November 1966 through 3 November 1967.  Item 33
(Appointments and Reductions) shows that he was promoted to specialist four
(SP4) on 25 May 1966, and that this is the highest rank he attained while
serving on active duty.  It also shows that he was reduced to private first
class (PFC) for cause on 4 August 1967, and that this is the rank he held
at the time of his release from active duty.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to Company C and Company D of the
173rd Airborne Brigade, performing duties in MOS 43E as a parachute rigger.
 Item 41 (Awards and Decorations) shows that during his tenure on active
duty, he earned the National Defense Service Medal (NDSM); Vietnam Service
Medal (VSM) with Arrowhead, RVN Campaign Medal, Parachutist Badge, Marksman
Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service
Bar.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 173rd Airborne Brigade General Orders Number 681, dated
24 April 1967, which confirms members on an attached list, which includes
the applicant, participated in a parachute jump against an armed hostile
force during Operation Junction City on 22 February 1967, in the vicinity
of Katum, RVN.

7.  On 6 November 1967, the applicant was honorably released from action
duty in the rank of PFC.  The DD Form 214 he was issued shows that he
completed a total of 2 years, 10 months, and 11 days of active military
service, and that he earned the following awards:  Parachutist Badge, VSM
with Arrowhead Device, RVN Campaign Medal, Marksman Marksmanship
Qualification Badge with Rifle Bar, and 1 Overseas Bar.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with the VSM for
each campaign a member is credited with participating in while serving in
the RVN.

9.  Paragraph 8-10 contains guidance on Parachutist Badges, and it states,
in pertinent part, that a bronze service star is authorized to be worn on
the Parachutist Badges to denote a Soldier's participation in a combat
parachute jump.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  This publication
shows that during his tenure of assignment, the applicant's unit received
the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit
Citation, and assault landing credit for a parachute jump in the vicinity
of Katum, RVN on 22 February 1967.  It also shows that during the period of
his assignment in the RVN, campaign credit was granted for the Vietnam
Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.


11.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains DD Form 214 preparation instructions.  These
instructions provide no provisions for documenting a combat parachute jump
on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his combat parachute jump be added to his
DD Form 214 was carefully considered.  However, there are no provisions for
documenting a combat parachute jump on the DD Form 214.  The applicant's
combat parachute jump is documented in his MPRJ and record by orders
authorizing the jump with a participating list that includes the applicant,
and by the bronze arrowhead he received with his VSM to denote the assault
landing credit he received for his participating in a combat parachute jump
in the vicinity of Katum, RVN on 22 February 1967.

2.  The awards regulation also authorizes a bronze service star with the
Parachutist Badge to denote a Soldier's participation in a combat parachute
jump.  As a result, it would be appropriate to correct the applicant's
record to show his entitlement to a bronze service star with his
Parachutist Badge to denote his participation in the combat parachute jump
in question.

3.  The evidence of record also confirms that based on his service and
campaign participation in the RVN, the applicant is entitled to the
Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation,
and 2 bronze service stars with his VSM.  Thus, it would also be
appropriate to add these awards to his record at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
5 November 1970.  The applicant did not file within the 3-year statute of
limitation; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI  ___  __GJP  _  ___KSJ__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing his entitlement
to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross
with Palm Unit Citation, a bronze service star with his Parachutist Badge,
and 2 bronze service stars and bronze arrowhead with his Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these changes.

2.  The Board further determined that 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
a specific DD Form 214 entry documenting his combat parachute jump of 22
February 1967.




                            _____John Infante ______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002035                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/11/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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