RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009351 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John Heck

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Parachutist Badge, with a bronze service star [to denote a combat jump] and the Good Conduct Medal.

2.  The applicant states, in effect, that from April 1966 to July 1967, he was assigned to the 173rd Airborne Brigade and was on Operation Junction City.  On 22 February 1967, he made the combat jump in War Zone C near the Cambodian Border.  He also states that the Parachutist Badge is shown on his DD Form 214 but it does not show the combat badge (sic bronze service star).  He requests that the Good Conduct Medal be added to this DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his request. 

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 he was inducted on 5 October 1965.  He successfully completed basic combat training and advanced individual training at Fort Polk, Louisiana.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 71H, Personnel Specialist.  He was promoted to specialist five (SP5/E-5) and awarded the primary MOS (PMOS), of 96C2P, Interrogator, effective 1 February 1967.





3.  The applicant served in Vietnam from 26 April 1966 to 6 July 1967, with 172nd Military Intelligence (MI) Detachment, 173rd Airborne Brigade (SEP [separate]), as a personnel specialist, in MOS 71H2P, and as an interrogator, in MOS 96C2P.  He served until he was honorably released from active duty on 7 July 1967.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was discharged from the USAR on 4 October 1971.

4.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Parachutist Badge, two Overseas Service Bars, the Republic of Vietnam Campaign Medal; and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.

5.  The applicant’s records contain a copy of a DD Form 215 (Correction to DD Form 214), dated 28 September 2005, which shows he was awarded the Army Commendation Medal.

6.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

8.  Paragraph 8-11g, of the same regulation, states that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier’s participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldiers to receive the parachutist badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.
9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal such as the Parachutist Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the "arrowhead" to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, and the Meritorious Unit Commendation, by DAGO Number 48, dated 1968, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 


14.  DA Pamphlet 672-3 shows that some Soldiers assigned to elements of the 172nd MI Detachment received credit for an assault landing for their participation in a combat jump made between 0900–0907 hours on 22 February 1967.  To receive credit, eligible personnel are required to provide evidence of their participation in the assault landing.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Parachutist Badge and this award is shown on his DD Form 214.  He served in Vietnam from 26 April 1966 to 7 July 1967, with 172nd MI Detachment, 173rd Airborne Brigade (SEP).  However, he provided no evidence, and there is none, to show that he received credit for the combat parachute jump that occurred on 22 February 1967 near Katum, Republic of Vietnam.

2.  The applicant is entitled to the first award of the Good Conduct Medal, for the period 5 October 1965 to 7 July 1967, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Meritorious Unit Commendation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WDP _  __GP ___  __JH  ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Good Conduct Medal, for the period 5 October 1965 to 7 July 1967; the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Meritorious Unit Commendation, and adding these awards to his DD Form 214.

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 award of the Parachutist Badge, with bronze service star, to denote his participation in an assault landing, 
and to add this award to his DD Form 214.  




_____William D. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR20070009351
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071127
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670707
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.