BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028533 


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

2.  He states in 1966 he attended jump school at Fort Benning, GA, and received his Parachutist Badge.  This award is not shown on his DD Form 214 and he requests that it be added.  It’s the right thing to do for his family.

3.  He provides a copy of 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's military records show he was inducted into the Army of the United States on 14 July 1966.  He completed training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  He served in Vietnam from 29 June 1967 through 28 June 1968, during three campaigns.  He was assigned to Headquarters and Headquarter Company, 2nd Battalion (Airborne), 502nd Infantry.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 28 (Specialized Training) he completed the Basic Airborne Course,
3 weeks, on 25 November 1966.  

   b.  Item 38 (Record of Assignments) the Basic Airborne Course, 4th Student Battalion, Fort Benning, GA, from 4 to 29 November 1966.

   c.  Item 38 (Conduct and Efficiency) he received "excellent" ratings throughout his period of service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award).

   d.  Item 41 (Awards and Decorations):

* Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal

4.  On 1 July 1968, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training), in pay grade E-5.  He was credited with completing 1 year, 
11 months, and 18 days of active service and he had no recorded lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal



6.  Item 25 (Education and Training Completed) of his DD Form 214 does not list the basic airborne training course.  

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and having contributed direct combat support to the Republic of Vietnam and Armed Forces.

9.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B and that authorized service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, the 2nd Battalion, 502nd Infantry, was cited for award of the Republic of Vietnam Civic Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970, by Department of the Army General Orders Number 48, dated 1971.

12.  Department of the Army General Orders Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to U.S. Army Vietnam.


13.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated Item 14 would list resident and military school training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.  The list would include the title, length in weeks, and the year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant attended and successfully completed the basic airborne training course in November 1966 and he was awarded the Parachutist Badge.  Therefore, he is entitled to have this badge added his DD Form 214.  Item 25 of his DD Form 214 should also be amended to show he completed the Basic Airborne Course.  

2.  The available evidence also shows he had "excellent" conduct and efficiency ratings during his entire period of service.  While in the Army, he attained the grade of E-5, served in Vietnam, and he was awarded the Purple Heart and Bronze Star Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this medal.

3.  He completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his DD Form 214 to show this medal.

4.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these awards.

5.  The 2nd Battalion, 502nd Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to the unit.  General orders also authorized his unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

6.  In view of the foregoing, his records should be corrected as recommended below.






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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 July 1966 through 1 July 1968; 

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  adding to Item 24 of his DD Form 214 the:

* Parachutist Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

	d.  adding to Item 25 of his DD Form 214 the entry "Basic Airborne Course, 3 weeks, 1966"; and 

	e.  providing him a document to show the above changes.



      _______ _   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)                                         AR20100028533



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ABCMR Record of Proceedings (cont)                                         AR20100028533



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