IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008418


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 all authorized awards
* removal of a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]
* deletion of the phrase "EM TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT" from his DA Form 20 (Enlisted Qualification Record)

2.  The applicant states he is entitled to award of:

* Bronze Star Medal with "V" Device 
* Overseas Service Ribbon
* Presidential Unit Citation
* German Jump Wings
* other unnamed awards

3.  The applicant provides:

* a copy of his DD Form 214
* a lengthy recounting of his military service in Vietnam and Germany
* a 30 May 2007 letter from Mr. J.B.O.
* a copy of pages 3 and 4 of his DA Form 20


* a copy of his DA Form 2627-1
* a picture of the German Armed Forces Parachutist Badge
* two German documents pertaining to the Parachutist Badge
* a copy of Unit Order Number 9-2, dated 17 September 1987, for jump status

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 served in the Regular Army (RA) from 20 August 1969 to 28 March 1972 in military occupational specialty (MOS) 11B2P (Light Weapons Infantryman – Airborne).  The following specific records show:

* DD Form 214 shows:

* National Defense Service Medal
* Good Conduct Medal
* Combat Infantryman Badge
* Parachutist Badge
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 Overseas Service Bars
* Vietnam Service from 6 April 1970 to 10 March 1971

* DA Form 20 shows:

* Vietnam service from 6 April 1970 to 10 March 1971
* unit Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade
* Germany service from 4 May 1971 to 22 March 1972
* 

* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* EM [enlisted member] TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT

* DA Form 2627-1 shows:

* 9 September 1970 violation of a lawful general order by being in an off-limits area
* forfeiture of $20 pay per month for 1 month

3.  Pertaining to the Bronze Star Medal with "V" Device:

* the record does not contain, and the applicant has not provided orders
* the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal Bronze Star Medal orders pertaining to the applicant

4.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 
1 August 1981 provided they had an Active Army status on or after 1 August 1981.

5.  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 the 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, was cited for award of the:

* Presidential Unit Citation for the period 16 May 1966 by Department of the Army General Order (DAGO) Number 40, dated 1967
* Presidential Unit Citation for the period 6-23 November 1967 by DAGO Number 40, dated 1969, as amended by DAGO Number 5, dated 1979
* Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by DAGO Number 48, dated 1968


* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by DAGO Number 5, dated 1973

6.  Army Regulation 600-8-22 provides for award of foreign badges.  It states that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria for the specific award as established by the foreign government concerned.  

	a.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.

	b.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  Appendix D lists the German Armed Forces Parachutist Badge as an authorized badge.

7.  There is no record of approval by a U.S. commander to accept and wear the German Armed Forces Parachutist Badge contained in the applicant's records.

8.  Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial, United States, 2000 (MCM) and the Rules for Courts-Martial (R.C.M.) contained in the MCM.  Chapter 3 pertains to nonjudicial punishment (NJP), and the version of the regulation then in effect stated:

* the second copy of DA Form 2627-1 would be filed in the individual's Military Personnel Records Jacket (MPRJ)
* DA Forms 2627-1 would be withdrawn from the MPRJ and destroyed upon the occurrence of any of the following events:

* when the individual is separated from the Army
* when all punishments are set aside
* 2 years have expired since imposition of the punishment



9.  A review of the applicant's MPRJ does not reveal a copy of his DA Form 2627-1.

10.  U.S. Army Recruiting Command Pamphlet 601-25 provides information to officers and enlisted Soldiers on how to volunteer for Special Forces (SF) assessment, training, and assignment.  It states applicants who have been terminated from SF, ranger, or airborne duty may not volunteer, unless termination was due to extreme family problems or a medical condition that has been resolved.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests:

* correction of his DD Form 214 to show all authorized awards, including:

* Bronze Star Medal with "V" Device
* Overseas Service Ribbon
* Presidential Unit Citation
* German Jump Wings
* other unnamed awards

* removal of a DA Form 2627-1
* deletion of the phrase "EM TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT" from his DA Form 20

2.  The applicant is not entitled to the following awards:

* Bronze Star Medal with "V" Device – no orders
* Overseas Service Ribbon – not effective prior to 1 August 1981
* Presidential Unit Citation – preceded applicant's dates of unit assignment
* German Jump Wings – no approval by a U.S. commander

3.  The applicant is entitled to correction of his DD Form 214 to show:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



4.  The applicant provided a copy of his DA Form 2627-1; however, the document is not contained in his service records.  It appears the document was removed when the applicant was released from active duty.

5.  The entry "EM TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT" contained on the applicant's DA Form 20 is not further explained in his service records.  Such a statement would have been required by SF Soldiers who either self-terminated, or were otherwise terminated from the SF program.  The applicant has not shown this entry to be in error and regularity is presumed in this matter.

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 adding to his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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:

* Bronze Star Medal with "V" Device 
* Overseas Service Ribbon 
* Presidential Unit Citation 
* German Jump Wings 
* DA Form 2627-1



* removal of the entry "EM TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT" from his DA Form 20



      _______ _   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)                                         AR20110008418



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ABCMR Record of Proceedings (cont)                                         AR20110008418



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