BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090005214 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of a bronze service star on his Parachutist Badge.

2.  The applicant states that he thinks the incorrect entry of the middle initial of his name on the orders identifying those individuals who participated in a parachute jump against an armed hostile force in the Republic of Vietnam caused him not to receive recognition.  He is proud to be one of the few who made a combat jump in the Republic of Vietnam.  

3.  The applicant provides, in support of his application, copies of his DD Form 214 and General Orders Number 444, 173rd Airborne Brigade, dated 12 March 1967 with enclosure. 

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 19 October 1965, the applicant enlisted in the Regular Army for 3 years. He was assigned Army Service Number RA ## ### 845.  He completed his initial training to include the Basic Airborne Course.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was subsequently awarded MOS 11C1P (Infantry Indirect Fire Crewman with parachutist qualification). 

3.  On 15 April 1966, the applicant departed Fort Benning, Georgia for assignment in the Republic of Vietnam.

4.  On 11 May 1966, the applicant was assigned for duty as an ammunition bearer with C Company, 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade (Separate).

5.  General Orders Number 444, 173rd Airborne Brigade, dated 12 March 1967, recognized the applicant [Army Service Number RA ## ### 845] as having participated in a combat jump against the enemy on 22 February 1967 in the Republic of Vietnam.

6.  On 25 July 1967, the applicant returned to the United States for duty at Fort Carson, Colorado.

7.  On 18 November 1968, the applicant was released from active duty.  He had completed 3 years of creditable active duty.

8.  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 with bronze service star, Vietnam Campaign Medal with 1960 Device, Combat Infantryman Badge, and the Parachutist Badge.  It does not show award of the bronze arrowhead for wear on his Vietnam Service Medal, or a bronze service star for wear on his Parachutist Badge. 

9.  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 3 campaign periods: the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a bronze arrowhead for participation in a combat parachute jump.
10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  It states that a bronze service star is authorized to be worn on the parachutist badge to denote 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that Special Orders Number 153, Fort Carson, Colorado, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.   Item 41 also shows that he was awarded the bronze arrowhead device for wear on his Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show that he participated in a combat parachute jump.

2.  The available evidence shows that the applicant participated in a combat jump while serving with 503rd Infantry Regiment in the Republic of Vietnam.  Therefore, his records should be corrected to show authorization for wear of a bronze arrowhead on his Vietnam Service Medal and a bronze service star on his Parachutist Badge.   

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  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 this foreign unit award.

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

6.  Records show the applicant qualified as an expert with his rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, two bronze services stars and an arrowhead to be affixed to his already-awarded Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, a bronze service star to be affixed to his already-awarded Parachutist Badge and the Expert Marksmanship Qualification Badge with Rifle Bar. 




      _______ _   _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)                                         AR20090005214





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005214



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1