IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130004165 


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 he:

* should have been awarded the Air Medal
* was a Drill Instructor at Fort Jackson, SC
* participated in 25 air assaults
* was a member of the 1st Cavalry

2.  The applicant states, in effect, he was reading his DD Form 214 and noted the errors.

3.  The applicant provides his:

* Drill Sergeant Diploma, dated 17 June 1966
* DD Form 214 for the period ending 27 January 1968

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 requested correction of his DD Form 214 to show he was a member of the 1st Cavalry.  His record contains two DD Forms 214.  His first
DD Form 214, for the period ending 1 February 1965, shows his last duty assignment was with 1st Cavalry, 1st Armored Division at Fort Hood, TX.  A copy of this DD Form 214 will be provided to the applicant with these Proceedings.  His final DD Form 214, for the period ending 27 January 1968, shows his last duty assignment was with the 50th Artillery, 1st Cavalry Division in Vietnam.  As such, his DD Forms 214 currently show he was assigned to the 1st Cavalry.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 21 January 1963 for a period of 3 years.  He served in military occupational specialty (MOS) 111.60 (light weapons infantryman), that was later converted to MOS 11B.

4.  On 1 February 1965, he was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years and 11 days of total active service.

5.  On 2 February 1965, he reenlisted for a period of 3 years.

6.  His record contains a DA Form 1307 (Individual Jump Record) for the period 22 November 1965 through 6 May 1966.  This record shows he was credited with:

* 6 Administrative/Non-tactical jumps
* 1 Combat Equipment jump
* 1 Mass Tactical/Combat Equipment jump

7.  His record shows he attended the 3rd U.S. Army Noncommissioned Officer Academy (NCOA) at Fort Jackson from on or about 13 May 1966 through on or about 15 June 1966.  It also contains a diploma that shows he graduated from the Drill Sergeant School on 17 June 1966.  He subsequently performed the duties of a Drill Sergeant from 12 August 1966 through 10 August 1967 while assigned to the Support Training Company at Fort Bragg, NC.

8.  On 15 September 1967, he was reassigned to Vietnam and assigned to Company A, 1st Battalion, 50th Artillery, 1st Cavalry Division (Air Mobile).

9.  He departed Vietnam on or about 24 January 1968 and he was honorably released from active duty on 27 January 1968.  The DD Form 214 he was issued at the time shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Infantryman Badge
* Parachutist Badge
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle (M14) and Pistol Bars (.45 caliber)

	b.  item 25 (Education and Training) the entry "None," indicating he did not complete any education or training during the period covered by the DD Form 214.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Air Medal pertaining to the applicant.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  


12.  Army Regulation 672-5-1 (Awards) in effect at the time provided for temporary wear of the Drill Sergeant Identification Badge for successful completion of Drill Sergeant School.  Permanent wear of the Drill Sergeant Identification Badge was awarded after satisfactorily completing 6 months of duty as a drill sergeant in a training command or instructor at the Drill Sergeant School.  Special orders announced authorization of this badge.  The badge may be revoked if the recipient is removed from the position of Drill Sergeant for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase III
(1 June 1967 - 29 January 1968) campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that all service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared would be entered in Item 25.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed the 5-week Drill Sergeant Course at Fort Jackson on 17 June 1966.  He subsequently performed the duties of a Drill Sergeant from 12 August 1966 through 10 August 1967.  Therefore, his DD Form 214 should be corrected to add this training and to show the permanent award of the Drill Sergeant Identification Badge.

2.  The applicant contends he completed 25 air assault jumps.  The governing Army regulation states that an individual must complete 25 Category 1 missions and must accrue a minimum of 25 hours of flight time while engaged in


Category 1 missions for award of the Air Medal.  There is insufficient evidence to show he participated in at least 25 Category 1 missions during his period of service.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

3.  Additionally, there is no regulatory provision to list parachute/air assault jumps on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from item 24 of his DD Form 214 for the period ending 27 January 1968 the Vietnam Service Medal;

	b.  awarding him the Drill Sergeant Identification Badge effective 10 Augsust 1967;

	c.  adding to item 24 of his DD Form 214 for the period ending 27 January 1968 the:

* Vietnam Service Medal with one bronze service star
* Drill Sergeant Identification Badge

	d.  adding to item 25 of his DD Form 214 for the period ending 27 January 1968 the entry "Drill Sergeant School, 5 weeks, June 1966


2.  The Board further determined that the evidence presented was 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 correcting of his DD Form 214 for the period ending 27 January 1968 to show:

* award of the Air Medal
* he was a Drill Instructor at Fort Jackson, SC
* participation in 25 Air Assaults



      ____________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)                                         AR20130004165



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004165



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1