IN THE CASE OF:	  

		BOARD DATE:	  6 February 2014

		DOCKET NUMBER:  AR20130008726 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Parachutist Badge with bronze service star vice the Parachutist Badge. 

2.  The applicant states he participated in a combat jump while in Vietnam and assigned to Company C, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, but his DD Form 214 does not reflect that.  He does have the orders that were given to him.

3.  The applicant provides orders.

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 was inducted into the Army of the United States on 21 December 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 30 October 1967.

3.  His records contain Special Orders (SO) Number 64, dated 5 May 1966, issued by the 3rd Training Brigade, Fort Gordon, GA, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Machine Gun Bar.

4.  He served in Vietnam from 4 July 1966 to 2 July 1967 while assigned to Company C, 2nd Battalion, 503rd Infantry Regiment.  

5.  The applicant provides and his records contain General Orders (GO) Number 444, dated 12 March 1967, issued by Headquarters, 173rd Airborne Brigade, authorizing him a bronze service star to be affixed to his already-awarded Parachutist Badge for participating in a parachute jump against an armed hostile force on 22 February 1967 in the vicinity of Katum, Vietnam.

6.  He was honorably released from active duty on 11 December 1967 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 21 days of creditable active service with no lost time.

7.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Vietnam Service Medal with arrowhead
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

	a.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

	c.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Vietnam Service Medal.  

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 503rd Infantry Regiment, was cited for award of the:

* Meritorious Unit Commendation for the period 5 May 1965 through 4 May 1967, by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970, by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for being in the vicinity of Katum, Vietnam, on 22 February 1967, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machine Gun Bar, and a bronze service star for wear on his already-awarded Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  The evidence of record confirms he served honorably from 21 December 1965 to 11 December 1967.  He served in Vietnam, attained the rank of SGT, and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms that during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  He served in Vietnam for 13 months; therefore, he is entitled to a second overseas service bar and correction of his DD Form 214 to show both bars.

5.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 December 1965 through 11 December 1967
* deleting from his DD Form 214 the Parachutist Badge, Vietnam Service Medal with arrowhead, and one overseas service bar
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Parachutist Badge with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Vietnam Service Medal with arrowhead and two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars




      _______ _   _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)                                         AR20130008726





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ABCMR Record of Proceedings (cont)                                         AR20130008726



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