DOCKET NUMBER:  AR20100016570


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:

* Advanced Individual Training and Basic Airborne Training
* Parachutist Badge and Presidential Unit Citation

2.  The applicant states he was discharged from the hospital and simply signed his DD Form 214.  Because he was suffering from post traumatic stress disorder, he didn't realize what he was signing.

3.  The applicant provides a newspaper clipping and his DD Form 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 enlisted in the Regular Army for 3 years on 28 June 1966.  He completed Basic Combat Training at Fort Bliss, TX and Advanced Individual Training (Infantry) at Fort Gordon, GA.  Thereafter he completed the Basic Airborne Course at Fort Benning, GA and was awarded the Parachutist Badge by Special Orders Number 284, Headquarters, Training Support Battalion, Fort Benning, GA, dated 7 December 1966.

3.  Upon completion of all training, the applicant was assigned to Fort Campbell, KY on or about 13 December 1966 for duty with Company A, 1st Battalion (Airborne), 506th Infantry, 101st Airborne Division.

4.  On or about 14 June 1967, the applicant departed for Vietnam as a member of A Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division.  He served in Vietnam with A Troop until 11 March 1968 when he was reassigned to B Troop.  He departed B Troop and Vietnam on 21 March 1968 as a medical evacuee.

5.  The applicant was discharged from Silas B. Hayes Army Hospital, Fort Ord, CA on 16 September 1968.  Item 25 (Education and Training Completed) of his DD Form 214 shows completion of "Basic Training."  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge (Rifle)

6.  The applicant's service record contains a DA Form 20 (Enlisted Qualification Record) which shows he received uniformly "excellent" conduct and efficiency ratings.  He had 2 days of lost time in June 1967.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During the Vietnam era, the 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.  

	b.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaigns, Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968), and Tet Counteroffensive (30 January – 1 April 1968).  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 Valorous Unit Award for the period 17 January 1966 to 25 March 1968 by Department of the Army General Order Number 17, dated 1968, as amended by Department of the Army General Order Number 1, dated 1969.  Additionally, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show Advanced Individual Training, Basic Airborne Training, the Parachutist Badge, and the Presidential Unit Citation.

2.  The applicant completed Advanced Individual Training (Infantry) and the Basic Airborne Course.  These courses should be added his DD Form 214, along with his Basic Training.

3.  The applicant was awarded the Parachutist Badge on orders; it should be added to his DD Form 214.

4.  According to Department of the Army Pamphlet 672-3, the applicant's unit, A Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure.  These unit awards should be added to his DD Form 214.  However, it does not show his unit was awarded the Presidential Unit Citation.


5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

6.  The applicant had uniformly "excellent" conduct and efficiency with no courts-martial.  Although he had 2 days of lost time, that lost time was early in his service.  He should be awarded the [Army] Good Conduct Medal for the period 28 June 1966 through 16 September 1968.

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 Army Good Conduct Medal (1st award) for the period
28 June 1966 through 16 September 1968;

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal
* Parachutist Badge
* 2 bronze service stars for wear with his already-awarded Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 25 of his DD Form 214 the:

* Advanced Individual Training (Infantry)
* Basic Airborne Course
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 Presidential 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)                                         AR20100016570



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ABCMR Record of Proceedings (cont)                                         AR20100016570



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