IN THE CASE OF:	  

		BOARD DATE:	  4 October 2008

		DOCKET NUMBER:  AR20080010253 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect his airborne training and badges he is entitled to receive. 

2.  The applicant states, in effect, that he completed the airborne course and this should entitle him to airborne wings (Parachutist Badge).  He further states that he qualified as an expert with the M-60 machinegun and M-16 rifle, and that he also qualified with the grenade launcher, bazooka and .45 caliber pistol and he is unsure why these items were not included on his DD Form 214.  

3.  The applicant provides a self-authored statement, airborne physical qualification document, and DD Form 214 in support of his application. 

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 enlisted in the Regular Army and entered active duty on 1 March 1966, and that he was initially trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  On 15 August 1966, the applicant successfully completed the basic airborne course at 
Fort Benning, Georgia, and received the Special Qualification Identifier (SQI) 
P (Parachutist). 

3.  The applicant’s record shows he served in the RVN from 15 November 1966 through 8 November 1967, and that during his tour, he was assigned to the 
Vung Tau Sub-Area Command.  He further states he performed duties in MOS 11B as a light weapons infantryman, and as a postal clerk, for which he was awarded as a secondary MOS of 71F on 2 March 1967.  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in Item 41 (Awards and Decorations), that he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); RVN Campaign Medal with Device 60; Army Good Conduct Medal (AGCM); and 2 Overseas Service Bars.  Item 41 also contains an entry that indicates the applicant qualified as a marksman with the M-14 rifle on 12 August 1968.  Item 41 lists no other marksmanship qualification badges.  

5.  The applicant’s record contains a diploma certificate issued by the United States Army Infantry School, Fort Benning, Georgia, on 15 August 1966, which confirms the applicant successfully completed the airborne course.  It also contains orders that terminated the applicant’s parachutist hazardous duty pay on 22 November 1966, while he was serving in the RVN.  His record also contains orders that show he qualified as a sharpshooter with the M-14 rifle on 23 April 1966, at Fort Knox, Kentucky, and that he qualified as a marksman with the M-14 rifle on 12 August 1968, at Fort Sheridan, Illinois.  There are no other marksmanship qualification orders or documents in his record.  

6.  On 28 February 1969, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the following awards:  NDSM; VSM; RVN Campaign Medal; AGCM; and the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  Item 25 (Education and Training Completed) does not include an entry for the basic airborne course.  


7.  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.  The instructions state to enter all awards earned and to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the 
DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) contains 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.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Counter Offensive Phase II and Vietnam Counter Offensive Phase III campaigns. 

9.  Chapter 8 of the awards regulation contains guidance on award of badges and tabs of United States Origin.  Section II contains guidance on combat and special skill badges.  Paragraph 8-11 contains guidance on the Parachutist Badge.  It states, in pertinent part, that to be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned to the Airborne Department of the Infantry School at Fort Benning, Georgia.  

10.  Section IV of the awards regulation contains guidance on award of Marksmanship Badges and Tabs.  Paragraph 8-47 outlines the requirements for United States Army basic marksmanship qualification badges.  It states, in pertinent part, that they are awarded to indicate the degree in which an individual has qualified in a prescribed record course.  It further states that the award approval authority is any commander in the rank or position of lieutenant colonel or higher.  

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his DD Form 214 should document his completion of the basic airborne course and that the Parachutist Badge should be included in the list of awards was carefully considered and found to have merit.  The evidence of record confirms the applicant completed the 3-week basic airborne course at Fort Benning, Georgia, on 15 August 1966, and that he was awarded the SQI P (Parachutist).  As a result, it would be appropriate to correct his record and separation document accordingly.  

2.  The evidence of record also shows that based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation and to 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time. 

3.  The applicant’s contentions that his record should show he qualified as an expert with the M-16 rifle and with the M-60 machinegun; and that he also qualified with the grenade launcher, bazooka, and .45 caliber pistol was also carefully considered.  However, the evidence of record is void of any orders or other documents that confirm his qualification with the weapons in question, or that show he was ever awarded marksmanship badges for qualification with these weapons by proper authority while serving on active duty.  As a result, there is insufficient evidence to support granting this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  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 amending his 28 February 1969 DD Form 214 as follows:  Item 24 – delete the current list of awards and replace it with the entry “National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar” and Item 25 – add the entry “Basic Airborne Course - 3 weeks - Fort Benning, Georgia – August 1966”; and by providing him a correction to the separation document that reflects 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 adding additional marksmanship qualification badges to the DD Form 214.  




      _______ x_   _______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080010253



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ABCMR Record of Proceedings (cont)                                         AR20080010253


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