BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110012702 


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 (Certificate of Release or Discharge from Active Duty) to show award of the "Master Parachutist Badge" vice "Senior Parachutist Badge."

2.  The applicant states his DD Form 214 shows he was awarded the Senior Parachutist Badge but he was awarded the Master Parachutist Badge.

3.  The applicant provides two orders.

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.  Having had prior active service, the applicant's records show he enlisted in the Regular Army on 9 July 1962 and he held military occupational specialties 76Y (Unit Supply Specialist) and 11B (Infantryman).

3.  He served in Vietnam as follows:

* 11 April 1966 - 10 February 1967, assigned to 501st Supply Company
* 4 September 1967 - 9 April 1969, assigned to 2nd Battalion, 327th Infantry, 101st Airborne Division
* 1 September 1970 - 15 April 1971, assigned to 173rd Airborne Brigade
* 16 April 1971 - 22 March 1972, assigned to 3rd Battalion, 82nd Artillery

4.  He served in Korea from 4 July 1977 to 3 July 1978.

5.  Permanent Orders Number 9-3, dated 20 January 1977, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, awarded him the Master Parachutist Badge effective 12 January 1977.

6.  He was honorably retired from active duty on 31 January 1982.  He completed 20 years and 22 days of creditable active service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the following:

* Bronze Star Medal (2nd Oak Leaf Cluster)
* Army Commendation Medal
* Armed Forces Expeditionary Medal
* Air Medal with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal (5th Award)
* Senior Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  A review of his records indicates entitlement to additional awards.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 11 campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 2nd Battalion, 327th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

11.  Department of the Army Pamphlet 672-3 shows that while he was assigned to the 173rd Airborne Brigade, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by DAGO Number 5, dated 1973.

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Master Parachutist Badge; therefore, he is entitled to correction of his DD Form 214 to correctly show this badge.

2.  His record confirms he participated in 11 campaigns while serving in Vietnam.  Therefore, he is entitled to wear two silver service stars and one bronze service star on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  General orders awarded two of his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to each unit.  Therefore, he is entitled to correction of his DD Form 214 to show both of these awards.

4.  General orders awarded one of his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He served in Korea during a qualifying period for award of the Korea Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to award of this medal and correction of his DD Form 214 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:

* Deleting from item 13 of his DD Form 214 the:

* Senior Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Adding to item 13 of his DD Form 214 the:

* Master Parachutist Badge
* Vietnam Service Medal with two silver service stars and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Korea Defense 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)                                         AR20110012702





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ABCMR Record of Proceedings (cont)                                         AR20110012702



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