IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110011527 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records advisory and 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) effective 19 March 1973 to show he is authorized the Parachutist Badge (Basic).

2.  The applicant states:

* from October 1971 to March 1973, he was assigned to the 1st Battalion, 509th Airborne Infantry, 8th Infantry Division, in Germany
* the airborne school he completed was in Wiesbaden, Germany
* he made 25 jumps while he was in Germany

3.  The applicant provides his DD Form 214 effective 19 March 1973 and a Certificate of Completion of the 8th Infantry Division Airborne School, dated 16 February 1972.

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 was inducted into the Army of the United States on 4 March 1969.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 2 September 1969 and was assigned to Company B, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade.

3.  He participated in the following campaigns while he was in Vietnam:

* Vietnam Summer-Fall 1969 which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive which extended from 1 May through 30 June 1970
* Vietnam Counteroffensive Phase VII which extended from 1 July 1970 through 30 June 1971

4.  The applicant was honorably discharged for the convenience of the government for immediate enlistment in the Regular Army on 21 January 1970. 
The DD Form 214 he received for this period of service shows he is authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge

5.  He enlisted in the Regular Army for 3 years on 22 January 1970.  He departed Vietnam en route to the United States on 7 September 1970.

6.  The applicant arrived in Germany on 8 December 1971.  He departed Germany en route to the United States on 25 February 1973.

7.  The applicant was honorably released from active duty as an overseas returnee on 19 March 1973 and transferred to the U.S. Army Reserve.  The DD Form 214 he received for this period of service shows he is authorized the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars
* Army Commendation Medal

8.  The applicant submits a certificate showing he successfully completed the Basic Airborne 72-2B Course of the 8th Infantry Division Airborne School on 16 February 1972.

9.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge (commonly referred to as jump wings) 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.

10.  Army Regulation 600-8-22 also states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April to 28 August 1969 by Department of the Army General Orders Number 6, dated 1974, and for the periods 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.  Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The available evidence shows he successfully completed the Basic Airborne 72-2B Course on 16 February 1972.  He is authorized the Parachutist Badge (Basic) and his DD Form 214 should be amended to show this award.

3.  He is also authorized three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  In view of the foregoing, his DD Form 214 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 the evidence presented is 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 amending his DD Form 214 for the period ending 19 March 1973 to add:

* Parachutist Badge (Basic)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      __________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)                                         AR20110011527



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ABCMR Record of Proceedings (cont)                                         AR20110011527



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