IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110011699 


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 the Airborne Basic Course and to show the Parachutist Badge. 

2.  The applicant states he served honorably as a paratrooper and his DD Form 214 should reflect this service.

3.  The applicant provides a Basic Airborne Course Certificate and three 
DD Forms 214.

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 21 November 1967 and upon completion of initial entry training he was awarded military occupational specialty 31M (Radio Relay and Carrier Attendant).  

3.  A certificate issued by the 1st Special Forces Group (Airborne) shows he completed the Basic Airborne Course at Fort Buckner, Okinawa, on 26 July 1969.  This training is also listed in item 29 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record).

4.  He was released from active duty on 17 May 1971.  His DD Form 214 for this period of service shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Vietnam Service Medal.  Item 25 (Education and Training Completed) does not include the Airborne Training Course.  Item 30 (Remarks) shows he served in Vietnam from 30 May 1968 to 
17 June 1968.

5.  After a brief break in service, he reenlisted in the Regular Army on 7 June 1971 and continued his active duty service through a series of reenlistments until he was honorably discharged on 31 January 1985.  His DD Form 214 for the period ending 31 January 1985 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) the following:

* Noncommissioned Officer Professional Development Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Army Good Conduct Medal (3rd award)
* National Defense Service Medal
* Army Commendation Medal
* Overseas Service Ribbon
* Army Achievement Medal (2nd award)

6.  There are no orders in his Official Military Personnel File showing he was awarded the Parachutist Badge.

7.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge 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.

8.  Army Regulation 600-8-22, 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, he participated in the Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968).

9.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army.  It contains instructions for preparing the DD Form 214.  The regulation in effect at the time of his separation on 17 May 1971 provided that in item 25, for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Airborne Basic Course and to show the Parachutist Badge has been carefully reviewed.  

2.  A Basic Airborne Course Certificate and his DA Form 20 confirm he completed the Basic Airborne Course on 26 July 1969.  Therefore, this course should be annotated in item 25 of his DD Form 214 for the period ending 17 May 1971.

3.  Based on completion of the Basic Airborne Course, he is entitled to the Parachutist Badge.  His DD Form 214 should also be corrected to show this badge.

4.  He participated in one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  Based on his service in Vietnam, he is also entitled to correction of his records to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  adding to item 25 of his DD Form 214 for the period ending 17 May 1971 the entry "Basic Airborne Course, 1969"

	b.  deleting from item 13 of his DD Form 214 for the period ending 31 January 1985 the Vietnam Service Medal, and

	c.  adding to item 13 of his DD Form 214 for the period ending 31 January 1985 the Basic Parachutist Badge, Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   _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)                                         AR20110011699



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ABCMR Record of Proceedings (cont)                                         AR20110011699



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