IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003512 


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, award of a bronze service star appurtenance to be affixed to his Master Parachutist Badge and an arrowhead to be affixed to the Vietnam Service Medal.

2.  The applicant states that in accordance with his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 October 1985, the Army Veterans Medal Team issued him two parachutist badges:  the Parachutist Badge, a novice badge with the bronze star appurtenance signifying his participation in a combat jump (22 February 1967) and a Master Parachutist Badge, which he earned later.  The Master Parachutist Badge is more senior to the Basic Parachutist Badge.  The combat star should have been issued to the Master Parachutist Badge instead.  He also states his DD Form 214 does not reflect the arrowhead device.

3.  He also states he notified the clerk who sent him the awards and instead of just mailing him the correct items he was told that he had to go through the Army Board for Correction of Military Records (ABCMR) process.  He would like his
DD Form 214 corrected to reflect the more senior master’s wings with the bronze star for combat and the arrowhead device on his Vietnam Service Medal

4.  He provides:

* his DD Form 214
* Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), pages 1 and 78, referencing the assault landing credits and the list of unit awards awarded to the 503rd Infantry Regiment

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 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 October 1964 for a period of 3 years.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was honorably discharged on 4 January 1966 for the purpose of immediate reenlistment.  He reenlisted on 5 January 1966 for a period of 3 years.

3.  While in Vietnam he was assigned to:

* Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade from
6 February 1967 through 21 June 1967
* the U.S. Army Vietnam Patient Casualty Company in a patient status from 22 June 1967 through 15 August 1967
* Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade from
16 August 1967 through 31 October 1967
* Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade with from 1 November 1967 through 11 January 1968
* Headquarters and Headquarters Detachment, 173rd Support Battalion, 173rd Airborne Brigade from 12 January 1968 through 1 April 1968
* the 46th Public Information Detachment (Airborne), 173rd Airborne Brigade from 30 March 1970 through 4 August 1970
* Headquarters and Headquarters Company, 173rd Airborne Brigade from
5 August 1970 through 1 April 1971 

4.  He served continuously on active duty through several reenlistments until he was retired on 2 October 1985 by reason of permanent physical disability.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 2 October 1985 shows the:

* Army Commendation Medal with “V” Device (for action on 3 March 1967)
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Master Parachutist Badge
* Bronze Star Medal with “V” Device (for action on 22 June 1967)
* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Army Good Conduct Medal (4th Award)
* Republic of Vietnam Civil Actions Honor Medal Second Class Unit Citation
* Presidential Unit Citation
* Overseas Service Ribbon with Numeral 1
* Army Service Ribbon
* National Defense Service Medal
* four overseas service bars
* Parachutist Badge with bronze star appurtenance
* Bronze Star Medal with one bronze oak leaf cluster
* Army Commendation Medal with one bronze oak leaf cluster
* Noncommissioned Professional Development Ribbon with Numeral 2
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)

6.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  Paragraph 7 (Assault landing credits) states Department of the Army General Orders (DAGO) 48, 1971, as amended by DAGO 8, 1979 announced award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, Republic of Vietnam, between the hours of 0900 and 0907, inclusive 22 February 1967.  The arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.

7.  Department of the Army Pamphlet 672-3 also shows his unit, 2nd Battalion, 503rd Infantry, was cited for participation in an assault landing in the vicinity of Katum, Republic of Vietnam, 0900-0907 hours, inclusive, on 22 February 1967, by DAGO 18, dated 1979, as amended by DAGO 48, dated 1971.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 8-11 (Parachutist badges) states three degrees of badges are authorized for award:  Parachutist Badge, Senior Parachutist Badge, and Master Parachutist Badge.  A bronze service star is authorized to be worn on the Parachutist Badges 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 bronze service star.

9.  Army Regulation 600-8-22 also states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Parachutist Badge and the Master Parachutist Badge.  He was also authorized a bronze star appurtenance to be worn on the Parachutist Badge to denote his participation in a combat parachute jump.  This bronze star appurtenance is currently shown with the Parachutist Badge on his DD Form 214 for the period ending 2 October 1985.  It should be shown for wear on the highest degree of an award.  Therefore, he is entitled to correction to his DD Form 214 to show the bronze star affixed to the Master Parachutist Badge in lieu of the Parachutist Badge.

2.  The evidence of record also shows that while serving in Vietnam he was assigned to Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade from 6 February through 21 June 1967.  General orders authorized assault landing credit to this unit for participating in an assault landing in the vicinity of Katum, Republic of Vietnam, 0900-0907 hours, inclusive, on 22 February 1967.  As such, an arrowhead is authorized for wear on the Vietnam Service Medal for this assault landing.  Based on his assignment and his combat engagement as evident in his follow-on award of the Army Commendation Medal with “V” Device for actions on 3 March 1967 and the Bronze Star Medal with "V" Device for actions on 22 June 1967, it appears he is eligible for an arrowhead for wear on the Vietnam Service Medal and correction of his DD Form 214 for the period ending 2 October 1985 to show this 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 13 of his DD Form 214 for the period ending 2 October 1985 the:

* "Vietnam Service Medal with 1 Silver Service Star"
* "Master Parachutist Badge"
* "Bronze Star Appurtenance Parachutist Badge"

	b.  adding to item 13 of his DD Form 214 for the period ending 2 October 1985 the:

* Vietnam Service Medal with one silver service star and arrowhead
* Master Parachutist Badge with one bronze service star
* 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)                                         AR20110003512



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ABCMR Record of Proceedings (cont)                                         AR20110003512



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