IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002168 


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:

	a.  military occupational specialty (MOS) 05C4P (Paratrooper); and

	b.  the Bronze Star Medal (BSM).  

2.  The applicant states his DD Form 214 does not show the BSM or that he was awarded MOS 05C4P. 

3.  The applicant provides:

* Orders for the BSM
* Discharge orders
* Diploma for the Airborne Course
* 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.  The applicant was inducted into the Army of the United States on 17 August 1967.  He completed his training and was awarded MOS 05B (radio operator) and later MOS 05C (Radio Teletype Operator).  Orders, dated 10 April 1968, show he was awarded the airborne MOS special qualification identifier "P" (Parachutist) effective 12 April 1968.

3.  He arrived in Vietnam on 19 May 1968.  He was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 503rd Infantry in Vietnam from 23 May 1968 to 21 October 1968.  He was assigned to HHC, 227th Aviation Battalion, 1st Cavalry Division in Vietnam from 22 October 1968 to 
15 May 1969.  On 17 May 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 8 months, and 1 day of creditable active service with no time lost.  His discharge orders show his MOS as 05C4P.  

4.  Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "05C40 RAD OPER" (Radio Operator).

5.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)  

6.  Orders, dated 12 April 1969, show he received the BSM for meritorious service during the period May 1968 to May 1969. 

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he received the Parachutist Badge in April 1968. 

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Records show he participated in four campaigns during his assignment in Vietnam. 

10.  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, 503rd Infantry 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 Department of the Army General Orders (DAGO) 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows the 227th Aviation Battalion was cited for award of the:

* Valorous Unit Award for actions on 6 March 1969 by DAGO 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 42, dated 1972

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 show all awards received.
unit awards

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award 
only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.   




DISCUSSION AND CONCLUSIONS:

1.  The 1968 orders that show the applicant was awarded the airborne MOS special qualification identifier "P" and his 1969 discharge orders that show his MOS as 05C4P are accepted as sufficient evidence on which to amend item 23a of his DD Form 214 to show MOS 05C4P.  

2.  Orders show he received the BSM.  His DD Form 214 should be corrected to show this medal.  

3.  The entry in item 41 of his DA Form 20 which shows he received the Parachutist Badge is accepted as sufficient evidence on which to base adding this badge to his DD Form 214.

4.  He was honorably released from active duty in the temporary rank of sergeant with 20 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 17 August 1967 through 17 May 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to this award and correction of his DD Form 214 to show the award.

5.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His units in Vietnam were cited for award of the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.
 
7.  His units in Vietnam (2nd Battalion, 503rd Infantry and 227th Aviation Battalion) were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards his DD Form 214 should be corrected to show both unit awards.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  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.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 August 1967 through 17 May 1969;  

	b.  deleting the entry "05C40" from item 23a of his DD Form 214 and replacing it with the entry "05C4P"; and 

	c.  adding the BSM, Parachutist Badge, Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.  




      _______ _   __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)                                         AR20120002168



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ABCMR Record of Proceedings (cont)                                         AR20120002168



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