IN THE CASE OF:	  

	BOARD DATE:	  28 October 2008

	DOCKET NUMBER:  AR20080012862


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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Parachutist Badge.  He also requests correction of his DD Form 214 to show completion of the Basic Airborne Course and the Parachute Riggers Course.

2.  The applicant states that these administrative errors are preventing the processing of his claim for veteran’s benefits.

3.  The applicant provides a copy of his DD Form 214, travel voucher, and his Enlisted Qualification Record (DA Form 20).

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.  On 14 November 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training to include the Basic Airborne Course (May 1967) and the Parachute Rigger Course (August 1967).  He was awarded military occupational specialty (MOS) 43E3P (Parachute Rigger with parachutist qualification).

3.  Special Orders Number 57, Fort Ord, California, dated 30 March 1967, awarded the applicant the Expert Marksmanship Qualification Badge with
[81 millimeter] Mortar Bar.

4.  On 14 September 1967, the applicant was assigned for duty as a parachute rigger with the 623rd Quartermaster Company in the Republic of Vietnam.

5.  On 7 September 1968, the applicant returned to the United States and was immediately released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 10 months, and 24 days of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Parachutist Badge.

7.  Item 25 (Education and Training Completed) is blank.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

10.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
 
DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant completed the Basic Airborne Course and the Parachute Rigger Course during his period of active duty service.  Therefore, these training courses should be shown in Item 25 of his DD Form 214.

2.  Records show that he was awarded the Parachutist Badge.  Therefore, his records should be corrected to show this award. 

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.  




6.   Special Orders show that the applicant qualified as an expert with the 
81 millimeter mortar.  Therefore, his records should be corrected to add the mortar bar to his already awarded Expert Marksmanship Qualification Badge.

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.  awarding him the Army Good Conduct Medal for the period from 
14 November 1966 to 7 September 1968;

	b.  showing in Item 25 of his DD Form 214 that he completed the Basic Airborne Course in May 1967; and the Parachute Rigger Course in August 1967; and

	c.   showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, four bronze service stars to be affixed to his already awarded Vietnam Service Medal, Parachutist Badge, Mortar Bar to be affixed to his already awarded Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





__________ _ 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)                                         AR20070016793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012862



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1