IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013 

		DOCKET NUMBER:  AR20130004156 


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 his dates of service in Vietnam and award of both Vietnam service medals (taken to mean the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960)).

2.  He makes no additional statement.

3.  He provides his 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.  On 10 October 1966, the applicant enlisted in the Regular Army.  His records show he completed advanced individual training for military occupational specialty (MOS) 11B (Light Weapons Infantryman) and the 12-week U.S. Army Quartermaster School Parachute Maintenance and Airdrop Course, after which he was awarded MOS 43E (Parachute Rigger) as his primary MOS effective 29 September 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 21 October 1967 to 6 December 1968.  Item 38 (Record of Assignments) shows he was later assigned to duty in Vietnam with Company C (Supply and Service), 173d Airborne Support Battalion, 173d Airborne Brigade, from 6 February to 8 July 1969.

4.  On 11 July 1969, he was honorably released from active duty by reason of early release to attend school.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Parachutist Badge
* VSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His DD Form 214 does not show his dates of service in Vietnam.

7.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the VSM and served in Vietnam for less than 6 months are also entitled to award of the RVN Campaign Medal with Device (1960) if they:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

8.  A review of his records shows he is entitled to awards and decorations not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

10.  Army Regulation 600-8-22 provides for award of the Parachute Rigger Badge.  Award of the Parachute Rigger Badge requires successful completion of the Parachute Rigger Course conducted by the U.S. Army Quartermaster School and award of MOS 43E.  The Parachute Rigger Badge may be retroactively awarded to any individual who graduated from the Parachute Rigger School after May 1951.

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 the 173d Airborne Support Battalion was cited for award of the:

* Meritorious Unit Commendation (MUC) for the period 1 June to 31 December 1969 in Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 in DAGO 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 in DAGO 5, dated 1973

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time of the applicant's release from active duty contained guidance for preparation of the DD Form 214.  The regulation did not provide for an entry specifying an individual had served in Vietnam.

13.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."



DISCUSSION AND CONCLUSIONS:

1.  His records show he served in Vietnam from 6 February through 8 July 1969 and his DD Form 214 properly shows he was authorized award of the VSM.  The evidence shows he participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

2.  His records also show he served in Vietnam less than the 6 months required for award of the RVN Campaign Medal with Device (1960) and there is no evidence showing he met any of the criteria that would have authorized this award for less than 6 months of service.  Therefore, there is no basis for correcting his DD Form 214 to show award of the RVN Campaign Medal with Device (1960).

3.  When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks section of the form.  Accordingly, there would be no harm in adding an entry to item 30 of his DD Form 214 showing he served in Vietnam from 6 February through 8 July 1969.

4.  He is authorized award of the Parachute Rigger Badge based on completion of the required U.S. Army Quartermaster School Parachute Maintenance and Airdrop Course and award of MOS 43E.  Therefore, it would be appropriate to award him the badge and to add the badge to his DD Form 214.

5.  His unit was cited for award of the MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation for periods that coincided with his assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

	a.  awarding him the Parachute Rigger Badge effective 29 September 1967;

	b.  deleting the VSM from item 24 of his DD Form 214;

	c.  adding the following awards to item 24 of his DD Form 214:

* VSM with three bronze service stars
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Parachute Rigger Badge

	d.  adding the entry "Vietnam – 6 Feb 69 thru 8 Jul 69, Indochina – Yes, Korea – No" to item 30 of his DD Form 214.

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 award of the RVN Campaign Medal with Device (1960).



      ____________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)                                         AR20130004156



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ABCMR Record of Proceedings (cont)                                         AR20130004156



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