IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120018523 


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), for the period ending 11 December 1970, to show award of the Combat Infantryman Badge, Parachutist Badge, and any other awards he is entitled to.

2.  He states these awards are missing from his 1970 DD Form 214.  He discovered the error while submitting a claim application to the Department of Veterans Affairs.

 3.  He provides a copy of his 1970 DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel requests consideration of the applicant's application and attachments and provides no statements or additional evidence.

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 Regular Army (RA) on 5 March 1965.  He completed training and he was awarded military occupational specialty 11F (Indirect Fire Crewman).  He served in Alaska from 16 August 1965 through on or about 15 December 1966.

3.  He was honorably discharged on 11 December 1966 for the purpose of immediate reenlistment.  His DD Form 214 lists the National Defense Service Medal.

4.  He reenlisted in the RA on 12 December 1966 for 4 years.  

5.  He served in:

* Panama from 3 February 1967 through 7 March 1968
* Vietnam from 27 April 1968 through 21 April 1969, during four campaigns, assigned to Company E, 1st Battalion (Airborne), 506th Infantry, 101st Airborne Division

6.  General Orders (GO) Number 2487 issued by Headquarters, 101st Airborne Division, on 19 March 1969, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam from 1 July 1968 to 28 February 1969.

7.  He was honorably released from active duty in pay grade E-6 on 11 December 1970 and he was transferred to the U.S. Army Reserve Control Group (Standby).  He was credited with completing 4 years of net active service and no lost time.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal with 1960 Device
* Bronze Star Medal
* Army Commendation Medal



* Army Good Conduct Medal (1st Award)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  His record is void of any orders for the Combat Infantryman Badge and Parachutist Badge.

9.  Item 40 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) lists the same awards shown on his DD Form 214 and also lists the:

* Parachutist Badge awarded by Special Orders (SO) Number 159, by Headquarters, U.S. Army Infantry Center, on 4 August 1965
* Combat Infantryman Badge awarded by SO Number 108, by Headquarters and Headquarters Company, 101st Airborne Division, on 18 April 1969

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

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	b.  The 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.  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 his unit, the 1st Battalion, 506th Infantry, was cited for the:

* Valorous Unit Award for the period 12 March-8 May 1969 by Department of Army GO (DAGO) Number 23, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April-15 August 1968, by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970, by DAGO Number 48, dated 1971



DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the absence of orders, his DA Form 20 shows the applicant was awarded the Parachutist Badge and Combat Infantryman Badge by SO on 4 August 1965 and 18 April 1969, respectively.  Therefore, his 1970 DD Form 214 should be corrected to show these awards.

2.  GO awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his 1970 DD Form 214 should be corrected to show these unit awards.

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 adding to the applicant's DD Form 214 for the period ending 11 December 1970 the:

* Combat Infantryman Badge
* Parachutist Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120018523





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ABCMR Record of Proceedings (cont)                                         AR20120018523



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