IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120003708 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* awards and decorations earned serving in the Republic of Vietnam (RVN)
* removal of the Parachutist Badge

2.  The applicant states he was temporarily assigned from Fort Bragg, NC to the RVN as a member of a team sent to deploy the ground-launched TOW (Tube-Launched Optically-Tracked Wire-Guided Missile) anti-tank missile system.  During his temporary assignment to the RVN, he was paid combat pay.  He adds his records are incorrect because:

* his RVN service is not properly recognized 
* he was assigned to an airborne unit and awarded the Parachutist Badge, but he was not airborne

3.  The applicant provides:

* self-authored statements
* 3 pages of medical records
* Letter of Commendation, dated 20 September 1972, with a first indorsement letter, 17 October 1972
* 2 witness letters
* a copy of an envelope

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 in the Regular Army (RA) for 5 years, 8 months, and 8 days from 2 June 1971 to 9 February 1977, when he was retired for a physical disability.  He was trained in and awarded military occupational specialty 27E (Guided Missile Systems Repairman) and later 81C (Cartographic Draftsman).  

3.  The applicant's records – DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record-Part II) – show:

* assignment to the 763rd Ordnance Detachment (Airborne), 82nd Airborne Division, Fort Bragg from 6 January 1972 to 20 September 1974
* special qualification identifier (SQI) "P" (Parachutist) for MOS 27E2P
* under military schooling, "USAIS (U.S. Army Infantry School), Basic ABN (Airborne)," but no completion year
* award of the Parachutist Badge

4.  The applicant's two DD Forms 214 show the following:

* he was awarded the:

*	National Defense Service Medal
*	Parachutist Badge
*	Presidential Unit Citation
*	Army Good Conduct Medal

* he was not credited with any foreign and/or sea service

5.  A review of the applicant's military personnel records shows Letters of Appreciation and Commendation, dated June through September 1972 and signed by general officers and Colonel R.W.H., commending the applicant and his team for outstanding performance during the deployment of TOW equipment and personnel to the Republic of Vietnam.

6.  An Unclassified Report, History of the TOW Missile System, undated, shows:

* in response to an increased North Vietnamese Army (NVA) armor threat a team from the 763rd Ordnance Detachment was sent to the RVN to deploy the TOW anti-tank missile system
* the team was attached to the 3rd Brigade, 1st Cavalry Division from 5 May-1 August 1972
* Colonel R.W.H. provided input for the report

7.  Among the documents provided by the applicant are 2 statements signed by comrades attesting to being assigned with him in the RVN during the period May through August 1972.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's record shows his service in Vietnam coincided with one campaign, Vietnam Cease Fire, 30 March 1972 to 28 January 1973.

	b.  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 USAIS, or have participated in at least one combat parachute jump.  Award of the Parachutist Badge requires publication in orders.

9.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in Block 30 (Remarks), as follows:  "Vietnam Service:  From Date to Date."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show awards and decorations earned while in the Republic of Vietnam was carefully considered and determined to have merit. 

2.  The evidence shows the applicant, while assigned to the 763rd Ordnance Detachment, 82nd Airborne Division, was part of a team sent to the RVN to deploy the ground-launched TOW missile.  This team was attached to the 3rd Brigade, 1st Cavalry Division in the RVN from 5 May 1972 to 1 August 1972.

3.  Based on the above evidence, the applicant's DD Form 214 for the period ending 10 May 1973 should be corrected to show award of the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and his foreign service of 2 months and 28 days.

4.  Based on the above evidence, the applicant's DD Form 214 for the period ending 9 February 1977 should be corrected to show award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Regarding the applicant's request to delete the Parachutist Badge from his DD Form 214:

* his DA Form 2-1 shows award of the Parachutist Badge
* his MOS shows the SQI "P" 
* he served in airborne units
* he attended the basic Airborne Course, but there is no indication he completed the course
* he affirms he is not airborne qualified

6.  There are only three ways to earn the Parachutist Badge.  They are:

* complete the USAIS Basic Airborne Course
* complete proficiency tests while assigned or attached to an airborne unit
* complete a combat parachute jump

7.  The applicant did not complete a combat jump and the evidence does not show he completed the USAIS Basic Airborne Course, so the only way he could have been qualified for the Parachutist Badge is through his airborne unit's proficiency testing.  However, he claims he was not airborne qualified and his claim is accepted; the Parachutist Badge should be deleted.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending his DD Form 214 for the period ending 10 May 1973:

* to show "00  02  28" of foreign service
* to add: 

* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* in Block 30, enter "Vietnam Service:  5 May 1972 to 1 August 1972"

   	b.  amending his DD Form 214 for the period ending 9 February 1977 by deleting the Parachutist Badge and adding the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _____________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)                                         AR20120003708



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003708



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1