IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009527 


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:

* Glider Badge 
* Parachutist Badge 
* Lapel Button

2.  The applicant states the above awards were omitted from his DD Form 214.

3.  The applicant provides a WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) and an 11th Airborne Division Certificate of Training, dated 16 August 1947.

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 listed in the Regular Army (RA) on 27 June 1946.  On 
27 October 1947, he was honorably discharged.

3.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53 shows he was awarded:

* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* Lapel Button

4.  Item 22 (Service Schools, Arm, or Service) of the applicant's WD AGO Form 20 shows the applicant successfully completed Parachutist School on 14 January 1947 and Glider training 23 August 1947 with the 11th Airborne Division, and he qualified as a Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-1 Rifle).

5.  The applicant had a break in service from 28 October 1947 to 27 February 1949.

6.  He enlisted in the U.S. Army Reserve (USAR) on 28 February 1949.  On 
5 January 1953, he was ordered to active duty.  He was deployed to Republic of Korea (ROK) and was assigned to:

* 58th Military Police Company - 20 May 1953 - 23 June 1953
* 45th Military Police Company - 24 June 1953 - 18 July 1953
* K Company, 180th Infantry - 19 July 1953 - 10 December 1953 in military occupational specialty (MOS) 111.60 (Light Weapons Infantryman) 
* F Company, 187th Airborne Regiment 11 December 1953 - 3 April 1954 in MOS 11.60 

7.  On 3 April 1954, he was released from active duty.  There is no DD Form 
214 in the applicant's available service records covering active duty service in the ROK.  However, a 2d indorsement dated 19 April 1960 verifies his service in the ROK.

8.  On 4 January 1955, the applicant was honorably discharged from the USAR for the purpose of immediate enlistment in the RA on 5 January 1955.

9.  The 2d indorsement, dated 19 April 1960, from the commanding officer, 304th Signal Battalion addressed to the Department of the Army, Office of the Adjutant General shows the applicant was awarded the Korea Service Medal (KSM) with one bronze service star for his service in the ROK.

10.  On 7 November 1960, the applicant was honorably discharged for the purpose of immediate reenlistment on 8 November 1960.

11. The applicant's DD Form 214 for the period ending 7 November 1960 shows he was awarded:

* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Army Good Conduct Medal (1st Award)

12.  On 8 November 1960, the applicant was honorably discharged for the purpose of immediate reenlistment on 8 November 1960.  On 2 August 1966, the applicant arrived in the Republic of Vietnam (RVN) and was assigned to the 128th Signal Company.

13.  On 7 November 1966, the applicant was honorably discharged for the purpose of immediate reenlistment on 8 November 1966.

14.  The applicant's DD Form 214 for the period ending 7 November 1966 shows he was awarded:

* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM) (1st Oak Leaf Cluster)

15.  Item 38 (Record of Assignment) of the applicant DA Form 20 (Enlisted Qualification Record) shows the applicant’s further  assignments in the RVN:

* C Company, 41st Signal Battalion - 11 February 1967 - 3 January 1967 
* 278th Signal Company - 15 February 1967 - 1 August 1967 

16.  On 1 August 1967, the applicant departed the RVN.  On 5 November 1970, the applicant was honorably discharged for the purpose of immediate reenlistment on 6 November 1970.

17.  The applicant's DD Form 214 for the period ending 5 November 1970 shows he was awarded:

* Army Good Conduct Medal 4th Award
* VSM
* NDSM
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation (MUC) 
* Distinguished Unit Citation (ROK) currently known as the Presidential Unit Citation (PUC)
* PUC (RVN)

18.  On 30 June 1972, the applicant retired.

19.  The applicant's DD Form 214 for the period ending 30 June 1972 shows he was awarded the Army Commendation Medal.

20.  Item 41 (Awards and Decorations) of the applicant DA 20 (Enlisted Qualification Record) shows the applicant was awarded:

* United Nations Service Medal (UNSM)
* KSM
* Combat Infantryman Badge (CIB)
* NDSM (1st Oak Leaf Cluster)
* VSM
* RVN Campaign Medal with Device (1960)
* MUC
* PUC (RVN)
* PUC (RVN) (ROK)
* Army Commendation Medal

21.  Army Regulation 600-8-22 (Military Awards) 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.

22.  Army Regulation 600-8-22 states that, effective 3 May 1961, the Glider Badge is no longer awarded.  An individual who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge.  It may be awarded when the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider 

landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

23.  Army Regulation 600-8-22 states the ROK War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

24.  Department of the Army General Orders 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.

25. Army Regulation 600-8-22 states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  An oak leaf cluster is authorized for wear for each additional award of the PUC

26.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign credit.  The applicant was credited with participating in:  

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)  

27.  Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It stated enter from the DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the Glider Badge, the Parachutist Badge, and Lapel Button was carefully considered and it was determined there is sufficient evidence to support his request.  

2.  Evidence of record shows the applicant successfully completed Parachutist School on 14 January 1947 and Glider training 23 August 1947 with the 11th Airborne Division.  He was also issued the Lapel Button.  Therefore, his DD form 214 should be amended to add:

* Parachutist Badge 
* Glider Badge 
* Lapel Button

3.  Although the applicant only requested the above awards be added to his     DD Form 214, Army Regulation 635-5 specifically states the DD Form 214 should show all decorations, service medals, campaign credits, and badges awarded or authorized.  His DD Form 214 for the period ending 30 June 1972 should amended to show all the applicant's awards:

* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* Lapel Button
* KSM with one bronze service star
* UNSM
* Army Good Conduct Medal 4th Award
* VSM 
* NDSM (1st Oak Leaf Cluster)
* RVN Campaign Medal with Device (1960)
* MUC
* PUC (1st Oak Leaf Cluster) (ROK/RVN)
* CIB
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1 Rifle)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)

4.  Evidence of record shows the applicant also met the eligibility criteria for award of the ROKWSM.  His DD Form 214 should be amended to add this award.

5.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  The applicant's DD Form 214 should be amended to add this award.

6.  His participation in two campaigns makes him eligible for two bronze service stars to be worn on his already-awarded VSM.  His DD Form 214 should be amended to show these service stars.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 amending the applicant's DD Form 214 for the period ending 30 June 1972 to add: 

* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* Lapel Button
* KSM with one bronze service star
* UNSM
* ROKWSM
* Army Good Conduct Medal 94th Award)
* VSM 
* NDSM (1st Oak Leaf Cluster)
* RVN Campaign Medal with Device (1960)
* MUC
* PUC (1st Oak Leaf Cluster) (ROK/RVN)
* CIB
* Army Commendation Medal
* RVN Gallantry Cross with Palm Unit Citation
* two bronze service stars to be worn on his already-awarded VSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1 Rifle)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)



      
      _______ _   __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)                                         AR20120009527





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ABCMR Record of Proceedings (cont)                                         AR20120009527



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