RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	6 November 2007  
	DOCKET NUMBER:  AR20070008400 


	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.


x	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 the Parachutist Badge be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, with an effective date of 31 July 1968.

2.  The applicant states, in effect, that his DD Form 214 does not show the Parachutist Badge.

3.  In support of his request, the applicant submitted a copy of two letters he received from the U.S. Army Physical Disability Agency, Combat-Related Special Compensation (CRSC), Alexandria, Virginia, dated 21 November 2005, and 22 November 2005, respectively; a copy of Special Orders 162, Headquarters, 82d Airborne Division, Fort Bragg, North Carolina; and a copy of a photograph of Class B-29, the Airborne School, Fort Benning, Georgia, dated 1949.

CONSIDERATION OF EVIDENCE: 

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows that he was inducted into the Army of the United States on 15 January 1946 and was honorably separated on 2 May 1947.  He enlisted in the Regular Army on 4 February 1949 and the records show he was honorably separated, in the rank and pay grade First Sergeant, E-8, for the purpose of retirement on 31 July 1968 after 20 years, 9 months, and 15 days active duty service.

3.  Item 33 (Decorations and Citations), of the applicant's WD AGO 53-55, Enlisted Record and Report of Separation – Honorable Discharge, with an effective date of 2 May 1947, shows he received no awards; however, the applicant's WD AGO Form 24, Service Record, shows he was authorized the World War II Victory Medal. 

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, with an effective date of 17 September 1958, shows he was awarded the Army of Occupation Medal, with Germany Clasp; and the Good Conduct Medal.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, with an effective date of 17 September 1964, shows he was awarded the Good Conduct Medal (2d Award).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, with an effective date of 31 July 1968, shows he was awarded the Army Commendation Medal; the Good Conduct Medal (3rd Award); the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with 60 Device; the National Defense Service Medal, with oak leaf cluster; the Army of Occupation Medal, with Germany Clasp; the Meritorious Unit Commendation; the Expert Marksmanship Qualification Badge, with Carbine Bar; and the Driver and Mechanic Badge with Driver-W Bar.  The Parachutist Badge is not shown on the applicant's DD Form 214.

7.  Item 27 (Specialized Training), of the applicant's DA Form 20, Enlisted Qualification Record, shows he completed the Basic Airborne Course on 7 May 1949.

8.  Section 10, Remarks, of the applicant's DA Form 24, Service Record, shows he was awarded the Parachutist Badge and the National Defense Service Medal; however, these awards were not transposed to Section 9 (Medals, Decorations, and Citations) of the same form.

9.  There is no indication in the applicant's service personnel records he was disqualified from assignment to airborne units or that his Parachutist Badge was administratively taken from him for any reason.

10.  Item 31 (Foreign Service), of the applicant's DA Form 20, shows he was assigned to USARPAC (US Army, Pacific) / Guam-Korea / from 20 July 1959 through 25 November 1960.  Item 38 (Record of Assignments), of the applicant's DA Form 20, also shows he was assigned to the 809th Engineer Battalion for this period.

11.  Item 20 (Remarks), of a DD Form 398, Statement of Personal History, completed by the applicant on 3 June 1963 shows he served in the Republic of Korea on a temporary duty (TDY) basis from May 1960 to October 1960.

12.  On about 13 February 1961, the applicant received a Letter of Commendation, with five endorsements, from members of his chain of command, extending their congratulations and appreciation for a mission that had been accomplished in the Republic of Korea during the period from 16 June through 31 October 1960.

13.  Item 31, of the applicant's DA Form 20, shows he served in the Republic of Vietnam from 23 July 1966 through 20 July 1967.  Item 38, of the applicant's DA Form 20, shows he was assigned to the 86th Transportation Co (Light Truck) from 12 August 1966 until 26 May 1967 and from 27 May 1967 until 20 July 1967, with Headquarters and Headquarters Detachment, 6th Transportation Battalion.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's units, subordinate units of the United States Army, Vietnam, were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

17.  Army Regulation (AR) 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 600-8-22 prescribes policy and guidance for award of the Korea Defense Service Medal.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Only one award of the Korea Defense Service Medal is authorized for any individual. 

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

21.  AR 635-5 prescribes current-day policies and procedures regarding separation documents.  Paragraph 2-4 provides specific guidance for the completion of the DD Form 214.  Paragraph 2-4.h.(13) provides that awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 will be entered on DD Form 214.  Each entry will be verified by the Soldier's record, and abbreviations will not be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the Basic Airborne Course and was awarded the Parachutist Badge.  There is no indication in his service personnel records he was disqualified from assignment to airborne-type units or that his Parachutist Badge was taken from him administratively for any reason.

2.  Based on the available evidence, the applicant is entitled to have the Parachutist Badge added to his DD Form 214, with an effective date of 31 July 1968.

3.  The evidence shows the applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  This award was not added to any of his DD Forms 214 or his WD AGO Form 53-55.  He is entitled to have this award added to his DD Form 214 at this time.

4.  The evidence shows the applicant served in the Republic of Korea on a TDY basis during the qualifying period and met the criteria for award of the Korea Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

5.  The applicant served in the Republic of Vietnam and was awarded the Vietnam Service Medal.  He participated in two campaigns while he served in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these two bronze service stars added to his DD Form 214.

6.  The applicant served in units, subordinate units of the US Army Vietnam, which were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  This unit award was awarded to the applicant's units, both units subordinate to the US Army Vietnam, and by the same authority; as such, this unit award is only authorized to be shown on his DD Form 214 only once.

7.  The applicant was issued multiple separation documents while he served on active duty.  In the interest of saving administrative time and in the further interest of providing him a more concise record of all awards and decorations he earned throughout his Army service, all awards not previously added to his separation documents are being added to his last issued DD Form 214, with an effective date of 31 July 1968.

BOARD VOTE:

__x___  __x__  _x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  adding the already-awarded Parachutist Badge and the World War II Victory Medal to his DD Form 214;

	b.  awarding the applicant the Vietnam Service Medal, with two bronze service stars, and the Korea Defense Service Medal, and adding these awards to his DD Form 214; and

	c.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this foreign unit award to his DD Form 214.




	___  x______
          		CHAIRPERSON




INDEX

CASE ID
AR20070008400
SUFFIX

RECON

DATE BOARDED
20071106
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0120
2.

3.

4.

5.

6.