IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110000321
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of a bronze service star to be worn on his Parachutist Badge to denote a combat parachute jump. He also requests the issuance of his appropriate jump wings.
2. The applicant states General Orders Number 444, dated 12 March 1967, were issued for a combat jump in Vietnam during operation "Junction City." He states his serial number was incorrectly typed on these orders resulting in him not being awarded or recognized for a bronze service star to be worn on his Parachutist Badge.
3. The applicant states he provided his DD Form 214, General Orders Number 315 with his correct service number, and General Orders Number 444 which has his incorrect service number. However, these documents were not received with his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he enlisted in the Regular Army on 20 September 1965.
a. He completed the training requirements and he was awarded primary military occupational specialty (MOS) 95B (Military Policeman) on 4 February 1966 and he served in this MOS until he was separated from active duty.
b. On 18 March 1966, he completed basic airborne training and he was awarded the Parachutist Badge.
c. He served in Vietnam from 22 April 1966 to 21 April 1967, he was assigned to Headquarters and Headquarters Company, 173d Airborne Brigade, and he performed the duties of military policeman during this period of service.
d. On 12 November 1966, he was awarded secondary MOS 11B (Light Weapons Infantryman).
3. He was honorably released from active duty on 19 September 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed a total of 3 years of creditable active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 device, Combat Infantryman Badge, and two overseas service bars.
5. His records are void of any orders indicating he made a combat parachute jump which authorized him the bronze service star for wear on his Parachutist Badge.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and orders are required to confirm award of these badges. Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault. The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with a bronze service star.
7. The applicant states he would like to have his appropriate jump wings; however, service medals and awards are not issued by the ABCMR. The applicant may obtain his medals by submitting a request in writing to the: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings.
DISCUSSION AND CONCLUSIONS:
There is no available order or other evidence showing the applicant made a combat parachute jump related directly to a combat assault. As such, regrettably, there is no basis for correcting his DD Form 214 to show a bronze service star to be worn with his Parachutist Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20110000321
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ABCMR Record of Proceedings (cont) AR20110000321
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