IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090004677 


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 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Parachutist Badge.  He also asks that any additional awards that he is entitled to also be added.

2.  The applicant states he was awarded the Parachutist Badge but was not aware that it did not show up on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and an extract from his DA Form 20 (Enlisted Qualification Record) which indicates in item 41 (Awards and Decorations) that he was awarded the Parachutist Badge in May 1969.

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.  Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 3 September 1968.  Although his records do not contain copies of any orders awarding him the Parachutist Badge, his records do confirm that he successfully completed basic airborne training in May 1969 at Fort Benning, Georgia.  Item 31 (Awards and Decorations) on his DA Form 20 does indicate he was awarded the Parachutist Badge by Special Orders 192 issued by the Training Support Brigade at Fort Benning, Georgia on 7 May 1969.  His military occupational specialty (MOS) also reflects the SQI (special qualification identifier) of “P” confirming his parachutist qualification.

3.  In June 1969, following completion of airborne training, the applicant was assigned to Company C, 2nd Battalion, 503rd Infantry, in Vietnam.  He remained with that organization until returning to the United States in April 1971.

4.  On 18 April 1971 the applicant was released from active duty with an honorable characterization of service.  While item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects several decorations, including the Vietnam Service Medal, it does not reflect his award of the Parachutist Badge.  His records also confirm that he was awarded the Combat Infantryman Badge, a Bronze Star Medal, and an Army Commendation Medal, all of which are listed on his DD Form 214.

5.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) reflects all “excellent” ratings for conduct and efficiency during his period of military service.  His official military personnel file (OMPF) reflects no record of indiscipline and by November 1969 he had been promoted to pay grade E-4.  

6.  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.  Awards of the Parachutist Badge are announced in Special Orders.

7.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he would have participated in four designated campaign periods (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive and Vietnamese Counteroffensive Phase VII).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order Number 51, dated 1971 and for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Order Number 5, dated 1973.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.  

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders in the available records which confirm the applicant’s award of the Parachutist Badge, the entry in item 41 on his DA Form 20, the evidence that he did in fact complete airborne training, and his award of the SQI “P” are sufficient indicators to conclude the applicant was awarded and is entitled to the Parachutist Badge.  As such, it would be appropriate and in the interest of justice to correct his DD Form 214 accordingly.

2.  The evidence also confirms the applicant participated in four designated campaign periods while in Vietnam and is therefore entitled to four bronze service stars on his Vietnam Service Medal.  He is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records should be corrected accordingly.

3.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 3 September 1968 to 18 April 1971 and to have it added to his DD Form 214.

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 
3 September 1968 to 18 April 1971; and 

   b.  amending his 1971 DD Form 214 to add the Parachutist Badge, the Army Good Conduct Medal (first award), four bronze service stars to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Action Honor Medal First Class 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)                                         AR20090004677





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ABCMR Record of Proceedings (cont)                                         AR20090004677



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