BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013681 


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 the following be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 May 1968:

* Airborne Certificate
* Bronze Star Medal

2.  The applicant states he believes these were left off his DD Form 214 because he received an early out and was not intentional.

3.  The applicant provides:

* a diploma for the successful completion of the Airborne Course at Fort Benning, GA
* his DD Form 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.  He enlisted in the Regular Army on 19 August 1965 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was awarded MOS 81B (Construction Draftsman) on 28 February 1967.  He was promoted to specialist five/pay grade E-5 on 28 February 1967.

3.  He served in the Republic of Vietnam from 1 May 1967 to 16 May 1968.  He was assigned to:

* 2nd Battalion (Airborne), 327th Infantry, from 6 May to 7 August 1967
* Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, from 8 August 1967 to 16 May 1968

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Parachutist Badge and cited Headquarters, U.S. Army Infantry Command Special Order 6, dated 7 January 1966.

5.  His Military Personnel Records Jacket (MPRJ) contained Headquarters, 101st Air Cavalry Division General Orders Number 3734, dated 18 July 1968, awarding him the Bronze Star Medal for meritorious service from 1 May 1967 to 30 April 1968.

6.  He was released from active duty on 20 May 1968.  He completed
2 years, 9 months, and 2 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  The diploma he submitted shows he successfully completed the Airborne Course at Fort Benning, GA, and he was awarded the diploma on 7 January 1966.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows he participated in the following campaigns:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 	January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 	1968) 

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Orders in his MPRJ show he was awarded the Bronze Star Medal.  Therefore, this award should be entered on his DD Form 214.

2.  The diploma for completion of the Airborne Course is not entered on the 
DD Form 214.  However, the Parachutist Badge awarded as a result of that completion should be entered in item 24 of the DD Form 214.  His DA Form 20 shows he was awarded the Parachutist Badge.  Therefore, this award should be entered in item 24 of his DD Form 214.

3.  His records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to specialist five in less than 2 years.  Therefore, the preponderance of evidence shows he is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 19 August 1965 to 20 May 1968, ending with termination of a period of Federal military service.

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

5.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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:

	a.  Awarding him the Army Good Conduct Medal (First Award) for the period of service from 19 August 1965 to 20 May 1968.

	b.  Amending item 24 of his DD Form 214 as follows:

		1)  Delete the Vietnam Service Medal.

		2)  Add the:

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm 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 the Airborne Course Diploma.





      _______ _   _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)                                         AR20110013681



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ABCMR Record of Proceedings (cont)                                         AR20110013681



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