IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130004274 


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) show the following awards:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Parachute Rigger Badge
* Sharpshooter Marksmanship Qualification Badge

2.  The applicant states the above awards were omitted from his DD Form 214 when he separated from the military.

3.  The applicant provides no 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 the Regular Army on 21 August 1964 and he successfully completed training.  He was awarded military occupational specialty (MOS) 43E (Parachute Rigger). 

3.  Special Orders Number 161, Headquarters, 4th Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, KY, dated 15 October 1964, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 133, Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 11 June 1965, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant arrived in the RVN on 4 June 1966 and was assigned to the 101st Quartermaster Company, Support Battalion, 1st Brigade, 101st Airborne Division, on 8 June 1966 where he performed duty as a parachute rigger.

6.  On 1 June 1967, he departed the RVN.  On 2 June 1967, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 2 years, 9 months, and 12 days of total active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* RVN Campaign Medal with Device (1960)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  He record contains a DA Form 20 (Enlisted Qualification Record) that shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  There is no evidence in the applicant's service records that shows award of a Sharpshooter Marksmanship Qualification Badge.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) provides for the award of the Parachute Rigger Badge.  Successful completion of the Parachute Rigger Course conducted by the U.S. Army Quartermaster School and award of MOS 43E for enlisted personnel is required for award of the Parachute Rigger Badge.  The Parachute Rigger Badge may be retroactively awarded to any individual who graduated from the Parachute Rigger School after May 1951.

11.  Army Regulation 600-8-22 also contains regulatory guidance for award of the Vietnam Service Medal.  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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the Support Battalion, 1st Brigade, 101st Airborne Division, it was cited for award of the:

* Presidential Unit Citation during the period 2 June 1966 through 20 June 1966 based on Department of the Army General Orders (DAGO) 59, dated 1968
* Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 based on DAGO 17, dated 1968
* RVN Gallantry Cross with Palm Unit Citation during the period 1 July 1966 through 31 July 1966 based on DAGO 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant successfully completed Parachute Rigger School.  Therefore, he is authorized award of the Parachute Rigger Badge.

2.  The applicant was released from active duty in the rank of SP4 with 2 years, 9 months, and 12 days of total active service with no lost time.  His record contains no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good conduct Medal.  It appears he met the eligibility criteria for this award for the period 21 August 1964 through 2 June 1967 based on completion of a period of qualifying service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 21 August 1964 through 2 June 1967 and to correct his DD Form 214 to show this award.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Presidential Unit Citation, Meritorious Unit Commendation, and  RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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

5.  The evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These badges should be added to his DD Form 214.

6.  There is no evidence in the applicant's service records that shows he was awarded a Sharpshooter Marksmanship Qualification Badge.  Therefore, there is no basis for correcting his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge.

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 Army Good Conduct Medal (1st Award) for the period 21 August 1964 through 2 June 1967,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Meritorious Unit Commendation
* Parachute Rigger Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding the Sharpshooter Marksmanship Qualification Badge to his DD Form 214.



      ____________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)                                         AR20130004274



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ABCMR Record of Proceedings (cont)                                         AR20130004274



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