IN THE CASE OF:

		BOARD DATE: 15 May 2012

		DOCKET NUMBER:  AR20110022574 


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 his second award of the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar, and that he completed the Basic Airborne Course.

2.  The applicant states he earned the medals and completed airborne training.
It is an injustice for the achievements to have been omitted when his DD Form 214 was prepared.  He did not realize the items were not on his DD Form 214 until it was pointed out to him by someone else who was reviewing his record.

3.  The applicant provides:

* his DD Form 214
* General Orders Number 3533, issued by Headquarters, 25th Infantry Division, dated 28 March 1970
* Special Orders Number 233, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, dated 21 August 1968
* DA Form 1307 (Individual Jump Record)

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 9 May 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 28 (Specialized Training) he completed the Basic Airborne Course on 11 October 1968;

	b.  item 31 (Foreign Service) he began his service in Vietnam on 8 June 1969;

	c.  Item 38 (Record of Assignments) he was assigned to:

		(1)  the 4th Student Battalion, The Student Brigade, Fort Benning, GA,  from 14 September through 16 October 1968; 

		(2)  Company F, 2nd Battalion, 75th Infantry (Ranger), 25th Infantry Division (Vietnam) effective 16 June 1969; and 

	d.  item 41 (Awards and Decorations) he was awarded the:

* National Defense Service Medal
* Parachutist Badge by Special Orders Number 249, issued by Headquarters, The Student Brigade, Fort Benning, dated 10 October 1968
* Vietnam Service Medal
* Bronze Star Medal with "V" Device
* Purple Heart
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Special Orders Number 233, dated 21 August 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  The applicant provided a DA Form 1307 that shows he performed five administrative/non-tactical jumps from a C-119 aircraft during the period 8-10 October 1968. This forms further shows he qualified as a parachutist and awarded the parachutist badge by Special Orders, Number 249, issued by Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, dated 10 October 1968.

6.  General Orders Number 3533, dated 28 March 1970, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in Vietnam for the period May 1969 to May 1970.

7.  On 11 April 1970, the applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 3 days of total active service.  The DD Form 214 he was issued at the time shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Bronze Star Medal with "V" Device
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert (Rifle)

	b.  Item 25 (Education and Training Completed) does not show completion of the Basic Airborne Course.

8.  General Orders Number 4423, issued by Headquarters, 25th Infantry Division, dated 22 April 1970, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 9 May 1968 through date of separation on or about (DOSA) 8 May 1970.

9.  Army Regulation 600-8-22 (Military Awards) 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, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  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, 75th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 February 1969 through 21 January 1970 by DAGO Number 51, dated 1971

13.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for
item 25, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal (1st Oak Leaf Cluster).  He was also awarded the Bronze Star Medal with "V" Device.  Therefore, his
DD Form 214 should be corrected to show the Bronze Star Medal (2nd Award) and with "V" Device to reflect both awards.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

3.  General orders awarded him the Army Good Conduct Medal (1st Award) for the period 9 May 1968 through DOSA 8 May 1970.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Evidence shows he qualified expert with the M-16 rifle and marksman with the M-14 rifle.  As such, he is entitled to the Automatic Rifle Bar for qualifying with the M-16 rifle and the Rifle Bar for qualifying with the M-14 rifle, and correction of his DD Form 214 accordingly.

5.  The applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Evidence shows the applicant completed the Basic Airborne Course on
10 October 1968 and he was awarded the Parachutist Badge on the same day.  Therefore, his DD Form 214 should be corrected to show the completion of this training and award of the Parachutist Badge.

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  _______  _________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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.  deleting from item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal
* Expert (Rifle)

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal (2d Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding to item 25 of his DD Form 214 the entry "Basic Airborne Course, Fort Benning, GA, 3 Weeks, 1968."



      ___________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)                                         AR20100026573



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ABCMR Record of Proceedings (cont)                                    ARAR20110022574 



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