IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029379 


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 (Report of Transfer or Discharge) to show two awards of the Army Good Conduct Medal, the Senior Parachutist Badge, and completion of the Jumpmaster Course.

2.  The applicant states he recently obtained a copy of his records and noticed that these items were not shown on his DD Form 214 for the period ending
11 December 1971.

3.  The applicant provides:

* his DD Forms 214 for the period ending 4 March 1968 and 11 December 1971
* his DA Form 20 (Enlisted Qualification Record)

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 23 August 1965 for a period of 3 years.  He completed basic parachute training and he served in Thailand with the 46th Special Forces Company.  On 4 March 1968, he was discharged as a sergeant for the purpose of immediate reenlistment.  He reenlisted on 5 March 1968 for a period of 4 years.

3.  He returned to the United States in April 1969.  He again served in Thailand from 1 November 1969 to 23 December 1970.

4.  He served in Vietnam from 18 January through 14 August 1971 with the
459th Signal Battalion and from 15 August to 6 December 1971 with the
73rd Signal Battalion.  He returned to the United States and he was honorably discharged on 11 December 1971 as an overseas returnee in pay grade E-6.

5.  The applicant's DA Form 20 shows in:

	a.  in item 28 (Specialized Training) completion of the 3-week Jumpmaster Course on 22 May 1968;

	b.  item 41 (Awards and Decorations) various awards including the:

* Senior Parachutist Badge awarded by Special Orders Number 239, issued by Headquarters, U.S. Army Support, Thailand, dated
27 August 1970
* Army Good Conduct Medal (2nd Award) awarded by General Orders Number 96, issued by Headquarters, 73rd Signal Battalion, dated
6 December 1971

6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 11 December 1971 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* 

* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the
DD Form 214.  It stated for item 25 (Education and Training Completed), enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he recently received a copy of his records and noticed that the 2nd award of the Army Good Conduct Medal, Senior Parachutist Badge, and the Jumpmaster Course were not listed on his DD Form 214.

2.  The applicant's DA Form 20 shows that orders awarded the applicant the
2nd award of the Army Good Conduct Medal and the Senior Parachutist Badge.  His DA Form 20 also shows he completed the 3-week Jumpmaster Course on


22 May 1968.  Therefore, his DD Form 214 for the period ending 11 December 1971 should be corrected accordingly.

3.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 11 December 1971 to show these bronze service stars.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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.  deleting from item 24 of his DD Form 214 for the period ending
11 December 1971 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 for the period ending 11 December 1971 the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


	c.  adding to item 25 of his DD Form 214 for the period ending 11 December 1971 the entry "Jumpmaster Course, 3 weeks, 1968."



      ____________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)                                         AR20100029379



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ABCMR Record of Proceedings (cont)                                         AR20100029379



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