IN THE CASE OF:	  

		BOARD DATE:	    12 June 2012

		DOCKET NUMBER:  AR20110024266 


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 (Report of Separation from Active Duty) for the period ending 30 June 1976 to show the Legion of Merit
* his letter from the National Personnel Record Center (NPRC) to show the Master Parachutist Badge and Vietnam Parachutist Badge

2.  The applicant states, in effect, the attached orders show he was awarded the Legion of Merit and it is not shown on his DD Form 214.  The Master and Vietnam Parachutist Badges were not included on the attached updated letter he received from the NPRC.  Since he was previously awarded these awards, they should be recorded on his DD Form 214.  The omission is no fault of his.

3.  The applicant provides:

* Legion of Merit General Orders (GO)
* 1976 DD Form 214
* letter from the NPRC

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 served on active duty from September 1952 through June 1976 through multiple reenlistments in a variety of stateside and overseas assignments.  He attained the rank/grade of master sergeant/E-8.  He completed the following periods of foreign service:

* Germany from 6 April 1962 through 13 January 1966, from 20 January 1967 through 24 July 1967, and from 3 May 1970 through 3 July 1975
* Vietnam from 23 February 1966 through 14 January 1967 and from 1 September 1968 through 29 July 1969

3.  Special Orders (SO) Number 275 issued by Headquarters (HQ), 10th Special Forces Group (Airborne) (SFGA), 1st Special Forces, dated 18 December 1963, awarded him the Senior Parachutist Badge.

4.  His record does not contain a copy of the orders awarding him the Master Parachutist Badge; however, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the following:

* Senior Parachutist Badge – SO Number 275, HQ, 10th SFGA, dated 1963
* Master Parachutist Badge – SO Number 110, HQ, 10th SFGA, dated 1968
* Vietnam Parachutist Badge – Army Regulation 672-5-1 (Awards)

5.  GO Number 140 issued by HQ, U.S. Army Communications Command, dated 29 June 1976, awarded him the Legion of Merit for outstanding meritorious service from 18 July 1975 to 30 June 1976.

6.  He was issued multiple separation documents throughout his military service capturing his military service as well as the awards/decorations he earned during each period of service.

7.  He was honorably retired on 30 June 1976 and placed on the Retired List in pay grade E-8 on 1 July 1976.  His retirement DD Form 214 lists award of the:

* Army of Occupation Medal (Japan)
* Korean Service Medal
* Combat Infantryman Badge (2nd Award)
* National Defense Service Medal with oak leaf cluster
* United Nations Service Medal
* Army Commendation Medal with oak leaf cluster
* Vietnam Service Medal
* Master Parachutist Badge
* Vietnam Parachutist Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Bronze Star
* Purple Heart
* Presidential Unit Citation (3rd Award)
* Good Conduct Medal (6th Award)
* Bronze Star Medal
* Republic of Korea Presidential Unit Citation
* Republic of Vietnam Cross of Gallantry wit Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960

8.  In a letter, dated 7 February 2008, the NPRC advised him of entitlement and shipment of all awards listed on his 1976 DD Form 214 to include the Vietnam Service Medal with one silver service star and one bronze service star.

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  A silver service star denotes five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Legion of Merit in June 1976 and SO awarded him the Senior Parachutist Badge in 1968, neither of which is shown on his 1976 DD Form 214.  Therefore, he is entitled to correction of his 1976 DD Form 214 to show these awards.

2.  The evidence of record also shows he was awarded the Master and Vietnam Parachutist Badges in accordance with Army Regulation 672-5-1 and these awards are properly shown on his last DD Form 214.

3.  The evidence confirms he participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one bronze service star and one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his 1976 DD Form 214 to show these service stars.

4.  The Board has no jurisdiction for correcting the letter he received from the NPRC as it is not an Army record.  Therefore, no effective relief can be granted by the ABCMR pertaining to adding the Master and Vietnam Parachutist Badges to the NPRC letter.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the Vietnam Service Medal from the applicant's DD Form 214 for the period ending 30 June 1976
* adding the following awards to his DD Form 214 for the period ending 30 June 1976 –

* Legion of Merit
* Vietnam Service Medal with one bronze service star and one silver service star

2.  The Board further determined 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 adding the Master and Vietnam Parachutist Badges to the letter he received from the NPRC.



      _______ _   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)                                         AR20110024266



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ABCMR Record of Proceedings (cont)                                         AR20110024266



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