IN THE CASE OF:	  

		BOARD DATE:	       26 August 2009

		DOCKET NUMBER:  AR20090006512 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Parachutist Badge.  He also requests correction of his Standard Form 88 (Report of Medical History) to show the correct date of his induction as 4 February 1970.

2.  The applicant states that he completed airborne training at Fort Benning in June 1970 and was awarded the Parachutist Badge.  He subsequently served in an airborne unit and received jump pay.  He also adds that his Standard Form 600 shows an incorrect date of induction.

3.  The applicant provides a copy of his DA Form 2658 (Health Record - Abstract of Service), dated 5 February 1970, and a copy of his Standard Form 600, dated 6 August 1969, in support of his request.

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 records show that he underwent a pre-induction medical examination at the San Antonio Armed Forces Examining and Entrance Station on 6 August 1969.  His Standard Form 88 reflects this date.

3.  The applicant's records also show he was inducted into the Army of the United States and entered active service on 4 February 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Basic Field Artillery).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 11 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant's records show that he served in the Republic of Vietnam from on or about 8 August 1970 to on or about 10 September 1971.  He was assigned to Battery A, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and one overseas service bar.  Item 24 does not show award of the Parachutist Badge.

6.  Headquarters, Fort Benning, Special Orders Number 160, dated 1 July 1970, awarded the applicant the Parachutist Badge under the provisions of Army Regulation 672-5-1 (Military Awards) effective 3 July 1970. 

7.  A telephonic conversation on 12 August 2009 between the analyst of record and a staff member at the U.S. Army Airborne School, Fort Benning, confirmed the applicant was enrolled in the Basic Airborne Course Number 43-70, from 12 June 1970 to 3 July 1970 and successfully completed this course.

8.  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.

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

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

12.  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 pamphlet shows the 3rd Battalion, 319th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service for service from 5 May 1965 to 26 September 1970 based on Department of the Army General Orders 43, dated 1972, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 April 1969 to 16 March 1971.

13.  Appendix B of Army Regulation 600-8-22 shows the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971) campaigns during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Parachutist Badge.

2.  The evidence of record shows that the applicant completed the Basic Airborne Course at Fort Benning and was awarded the Parachutist Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of two bronze service stars to be affixed to his Vietnam Service Medal.

4.  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 correction of his DD Form 214 to show these unit awards.

5.  The evidence of record shows that the applicant was inducted on 4 February 1970 and was honorably released from active duty on 11 September 1971.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of SP4/E-4, and completed a combat tour in the Republic of Vietnam.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  With respect to the applicant’s Standard Form 88, that form does not record the applicant’s date of induction.  Months prior to possible induction Selective Service registrants were called to take a physical examination to confirm qualification for induction.  The evidence of record shows that the applicant underwent a pre-induction medical examination on 6 August 1969 which found him qualified.  Approximately 6 months later on 4 February 1970 he was inducted.  The information on his Standard Form 88 is correct and only reflects the date he was medically evaluated; it does not reflect an inaccurate induction date.  In the absence of compelling information to the contrary, there is no basis for changing the date on the applicant’s Standard Form 88.


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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 February 1970 through 11 September 1971 and

	b.  adding award of the Army Good Conduct Medal (1st Award), the Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.

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 the date of his pre-induction medical examination.



      _______ _    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)                                         AR20090006512



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ABCMR Record of Proceedings (cont)                                         AR20090006512



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