BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007516 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Combat Infantry Badge (CIB) and a bronze service star (denoting a combat parachute jump) to his Parachute Badge.

2.  The applicant states that one should get what he earned.

3.  The applicant provides two DD Forms 214.

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 military records show that he enlisted in the Regular Army on 29 September 1965, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4. 

3.  The applicant was assigned to Vietnam on 16 April 1966 and served as an automatic rifleman with Company B, 2nd Battalion, 503rd Infantry from 18 April 1966 to 12 April 1967.  He was awarded the CIB by Special Orders Number 244 dated 2 September 1966.  The applicant left Vietnam on 15 April 1967.

4.  The applicant was honorably discharged on 14 June 1967 in order to immediately reenlist.  The DD Form 214 he was issued at the time had the following awards and decorations entered:  Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

5.  The applicant was promoted to pay grade E-5 and served a tour of duty in Germany.  He was awarded the Army Good Conduct Medal (AGCM) by General Orders Number 34 dated 3 September 1968.  He was honorably released from active duty on 20 April 1971 due to having insufficient time remaining on his enlistment to warrant assigning him to another unit after his return home on emergency leave.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal and the Parachutist Badge.

6.  Army Regulation 600-8-22, Military Awards, paragraph 8–11, Parachutist Badges, states that a bronze service star is authorized to be worn on the Parachutist Badges to denote a Soldier’s participation in a combat parachute jump.  Orders are required to confirm award of these badges.  A Soldier’s combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault. Should a unit be denied air assault credit, no air assault credit for purpose of this badge will accrue to the individual Soldiers of that unit.  Each Soldier must physically exit the aircraft to receive combat parachute jump credit and the Parachutist Badge with bronze service star.

7.  Department of the Army Pamphlet 672–3, Decorations, Awards, and Honors, Unit Citation and Campaign Participation Credit Register, states that Department of the Army General Order (DAGO) 48, 1971, as amended by DAGO 8, 1979 announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, Republic of Vietnam, between the hours of 0900 and 0907, inclusive on 22 February 1967.  The arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.

8.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was awarded the Meritorious Unit Commendation by DAGO 48,dated 1968, Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 51, dated 1971, and assault credit for the vicinity of Katum, Republic of Vietnam for an airborne operation which occurred from 0900–0907 hours, inclusive, on 22 February 1967, by DAGO 18, dated 1979.  However, for the assault credit, eligible personnel will show evidence of participation.  This publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  The Vietnam Counteroffensive (25 December 1965 through 30 June 1966) and Counteroffensive Phase III (1 July 1966 through 29 January 1968).

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for awarding the applicant a bronze service star for wear on his Parachutist Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contained orders for the CIB and for the AGCM.  As such, he is entitled to have this badge and this award added to his DD Form 214.

2.  The applicant is also entitled to have his DD Form 214 amended to add the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on his service with Company B, 2nd Battalion, 503rd Infantry in the Republic of Vietnam.  The applicant is also entitled to two bronze service stars to be worn on his already-authorized Vietnam Service Medal.

3.  While the applicant's DD Form 214 for the period ending 14 June 1967 shows his entitlement to the Vietnam Service Medal and Vietnam Campaign Medal, his DD Form 214 for the period ending 20 April 1971 does not.  As such, it would be appropriate to now add these to his DD Form 214 for the period ending 20 April 1971.

4.  While the applicant was assigned to Company B, 2nd Battalion, 503rd Infantry when that unit was given assault credit for an airborne operation, there is no evidence that the applicant participated in that assault.  The regulation governing awards is very specific in its requirement that a Soldier's participation in this assault must be documented and that the Soldier's entitlement to wear a bronze service star on his Parachutist Badge must be announced in orders.  There are no orders announcing the applicant's entitlement to a bronze service star for wear on his Parachutist Badge, and his records do not contain any other information 
which would indicate that he participated in the assault.  As such, there is insufficient evidence in which to add the bronze service star to the applicant's Parachutist Badge.

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 adding the following awards, badges, and unit citations to his DD Form 214 for the period ending 20 April 1971:  The AGCM, CIB, Meritorious Unit Commendation, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 a bronze service star for wear on his Parachutist Badge. 



      _______ _   _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)                                         AR20090007516



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ABCMR Record of Proceedings (cont)                                         AR20090007516



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