BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090015634 


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 completion of the airborne course and awards of the Bronze Star Medal (BSM) and Parachutist Badge.

2.  The applicant states he completed airborne training, but his DD Form 214 does not reflect this fact.  He also indicates he was awarded the BSM and Parachutist Badge.

3.  The applicant provides copies of his DD Form 214, an airborne course completion certificate, an airborne class picture, and BSM orders in support of this application.

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 enlisted in the Regular Army on 13 September 1966 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) contains a lined-out entry in item 28 (Specialized Training) that shows he completed the basic airborne course on 3 March 1967.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 3 April 1967 through 2 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 2nd Battalion, 327th Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 38 also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  The applicant's official military personnel file (OMPF) contains Headquarters, 101st Air Cavalry Division, General Orders Number 3742, dated 18 July 1968, which awarded the applicant the BSM for meritorious service during the period 2 April 1967 through 1 April 1968.

5.  The applicant's OMPF also contains Headquarters, 8th Infantry Division, Special Orders Number 210, dated 28 July 1968, which terminated the applicant's parachutist status.  The special instructions in these orders stipulated that the applicant's special qualification identifier "P" (Parachutist) was withdrawn, that an entry would be made on his DA Form 20 showing "deliberate airborne terminator, not eligible for further airborne training or duty," and that his Parachutist Badge was revoked.

6.  The applicant's OMPF further contains Headquarters, 3rd Training Brigade, Fort Gordon, Georgia, Special Orders Number 10, dated 16 January 1967, which awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar and Headquarters, 3rd Training Brigade (Infantry), Fort Gordon, Georgia, Special Orders Number 14, dated 23 January 1967, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The record shows the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for operating a privately-owned vehicle without a valid operator's permit and valid liability and property damage insurance.  His OMPF is void of additional derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

8.  On 17 June 1969, the applicant was honorably released from active duty after completing 2 years, 9 months, and 5 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal (VSM), Purple Heart, RVN Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service, except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which lists unit awards received by units serving in RVN, shows that during the applicant's tenure of assignment, his unit received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM should be added to his DD Form 214 was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the BSM for meritorious service in the RVN from 2 April 1967 through 1 April 1968 as evidenced by BSM orders on file in his OMPF.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.

2.  The applicant's record contains orders that awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which were not included in the list of awards contained on his DD Form 214.  Therefore these badges should be added to item 24 of his DD Form 214 at this time.

3.  The applicant's record shows that although he accepted NJP on 30 January 1969, he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 13 September 1966 through 17 June 1969 and to add this award to his record and DD Form 214.

4.  The applicant's record shows that based on his RVN service and campaign participation, he is authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his VSM.  Therefore, these awards should be added to his record and DD Form 214.

5.  The applicant's contention that the fact he completed airborne training and received the Parachutist Badge should be reflected on his DD Form 214 was also carefully considered.  However, his record confirms he was permanently disqualified from airborne training and duty and that the Parachutist Badge he was originally awarded was revoked based on his voluntary termination from airborne status.  As a result, it would not be appropriate to grant this portion of the requested relief.

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 him the first award of the Army Good Conduct Medal for the period 13 September 1966 through 17 June 1969;

	b.  amending item 24 of his DD Form 214 by deleting the current VSM entry and by adding the BSM, AGCM, VSM with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 correcting the DD Form 214 to reflect his airborne training and the 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)                                         AR20090015634



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ABCMR Record of Proceedings (cont)                                         AR20090015634



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