IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080013917 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Combat Infantryman Badge, the Bronze Star Medal (2nd Award), the Silver Star (2nd Award), and the Parachutist Badge.

2.  The applicant states that his DD Form 214 was not properly prepared at the time of his discharge.

3.  The applicant provides copies of his Bronze Star Medal and Silver Star orders; a copy of his order to attend airborne school; and a copy of one page of his DA Form 2-1 (Personnel Qualification Record).

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 active duty service records are incomplete.  However, the evidence of record shows he was inducted into the Army of the United States (AUS) on 14 March 1968 for 2 years.  He was trained as a light weapons infantryman and was awarded MOS (military occupational specialty) 11B.  He successfully completed the Noncommissioned Officer Candidate Course at Fort Benning, GA, and was promoted to the rank of Sergeant (SGT/E-5) and awarded MOS 11B40.  He next attended the Basic Airborne Course, also at Fort Benning. There are no orders showing he successfully completed the course and was awarded the Parachutist Badge; however, his records do contain various orders showing his MOS as 11B4P – the “P” is a special qualification identifier (SQI) representing a qualified parachutist – after his attendance at the Basic Airborne Course.  He was promoted to Staff Sergeant (SSG/E-6) on 14 February 1969, just 11 months after his induction.  His service records do not contain any records of nonjudicial punishment (NJP) or any records of trial by courts-martial.

3.  The applicant’s DD Form 214 is of extremely poor quality; many entries on his DD Form 214 are illegible.  As previously stated, he was inducted on 14 March 1968.  His separation date is illegible; however, subsequent US Army Reserve (USAR) enlistment/reenlistment documents clearly state he served 1 year, 11 months, and 25 days on active duty (in the AUS) which would establish his separation date as 10 March 1970.  His DD Form 214 shows he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, and Vietnam Service Medal.  It does not show award of two Silver Stars, a second Bronze Star Medal, the Combat Infantryman Badge or the Parachutist Badge.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) obtained from his records is practically illegible.  His dates of service in the Republic of Vietnam (RVN) are illegible; however, it appears he was assigned to Company D, 4th Battalion, 39th Infantry, 9th Infantry Division and that he performed duties as an infantry squad leader.  

5.  General Orders Number 5808, Department of the Army (DA), Headquarters (HQ), 9th Infantry Division, dated 21 May 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 1 May 1969.

6.  General Orders Number 6583, DA, HQ, 9th Infantry Division, dated 10 June 1969, awarded the applicant the Bronze Star Medal with First Oak Leaf Cluster for outstanding achievement.

7.  General Orders Number 7145, DA, HQ, 9th Infantry Division, dated 21 June 1969, awarded the applicant the Silver Star for gallantry in action on 22 May 1969.

8.  General Orders Number 9670, DA, HQ, 9th Infantry Division, dated 10 July 1969, awarded the applicant the Silver Star for gallantry in action on 27 June 1969.

9.  Special Orders Number 113, DA, HQ, 9th Infantry Division, dated 23 April 1969, awarded the applicant the Combat Infantryman Badge.

10.  General Orders Number 9650, DA, HQ, 9th Infantry Division, dated 10 July 1969, awarded the applicant the Air Medal with Second Oak Leaf Cluster.

11.  The following orders show the applicant as having and SQI of “P” for Parachutist:

	a.  Special Orders Number 35, HQ, United States Army Personnel Center, Fort Dix, NJ, dated 10 March 1969.

	b.  Special Orders Number 69, HQ, United States Army Training Center, Fort Jackson, SC, dated 8 February 1969.

12.  The following orders awarded the applicant various marksmanship qualification badges:

	a.  Special Orders Number 127, HQ, United States Army Training Center, Infantry, Fort Dix, NJ, dated 6 May 1968, awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Special Orders Number 160, HQ, United States Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 24 June 1968, awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

	c.  Special Orders Number 16, HQ, 3d Advanced Individual Training Brigade, Fort Jackson, SC, dated 27 January 1969, awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  The applicant’s service records contain a HQ, United States Army Vietnam letter, dated 26 August 1969 stating that the Government of the Republic of Vietnam awarded him the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award.  The letter authorized his acceptance of same.

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

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the Combat Infantryman Badge, two Bronze Star Medals, two Silver Stars and the Parachutist Badge.

2.  The applicant provided orders showing he was awarded two Silver Stars and two Bronze Star Medals – one for achievement, and one for valor.  His DD Form 214 should be corrected to show the Silver Star with Oak Leaf Cluster, and the Bronze Star Medal with “V” Device and Oak Leaf Cluster.

3.  The applicant’s service records contain an order awarding him the Combat Infantryman Badge.  This badge should be added to his DD Form 214.

4.  The applicant’s service records contain additional orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Rifle Bar (M-16), and Machinegun Bar (M-60).  These badges should be added to his DD Form 214.

5.  The applicant’s service records show he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star by the Government of the Republic of Vietnam.  This foreign award should be added to his DD Form 214.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214. Therefore, he is entitled to have his DD Form 214 corrected to show these foreign unit awards.

7.  The applicant provided orders showing that he was assigned to the Airborne School at Fort Benning, GA, in order to attend the Basic Airborne Course.  There are no orders showing that he was ever awarded the Parachutist Badge; however, there are orders in his service records which were published subsequent to his attendance at the Airborne School and which shows his MOS as 11B4P.  He would not have been awarded the parachutist SQI “P” unless he completed the Basic Airborne Course.  Therefore in the interest of justice and equity, his DD Form 214 should be corrected to show he was awarded the Parachutist 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.  adding the Combat Infantryman Badge to his DD Form 214;

	b.  deleting the Bronze Star Medal from his DD Form 214 and adding the Bronze Star Medal with "V" Device and Oak Leaf Cluster;

	c.  adding the Silver Star with Oak Leaf Cluster to his DD Form 214;

	d.  adding the Republic of Vietnam Gallantry Cross with Bronze Star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214;

	e.  adding the Parachutist Badge to his DD Form 214; and 

	f.  adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Rifle Bar (M-16), and Machinegun Bar (M-60).




      _______ _  XXX _______   ___
               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)                                         AR20080013917



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ABCMR Record of Proceedings (cont)                                         AR20080013917



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