IN THE CASE OF: 

		BOARD DATE:	    17 April 2014

		DOCKET NUMBER:  AR20130014518 


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 award of the Parachutist Badge.  

2.  He states:

   a.  This is his second request pertaining to the error of awards and decorations on his DD Form 214.
   
   b.  He attended Jump School at Fort Benning, GA in or about August or September 1966.
   
   c.  He was previously assigned to Fort Sill, OK for advanced individual training in Artillery.
   
   d.  This is an administrative error by the person preparing his DD Form 214 at the time of his separation.
   
   e.  There should be an official record showing Jump School or unit, Battery C, 2nd Battalion, 321st Artillery, 82nd Airborne Division, to which he was assigned when he returned from Vietnam.  

3.  He provides his DD Form 214, a letter from a former fellow Soldier, photographs of him in uniform, and a copy of his Florida State Commercial Driver's License. 
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 13 June 1966.  At the completion of advanced individual training at Fort Sill, OK, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  Special orders published by Headquarters, the Student Brigade, U.S. Army Infantry School, dated 16 November 1966 show he was assigned hazardous duty required to perform parachute duty.  

4.  His service record includes two copies of his DA Form 20 (Enlisted Qualification Record).  The first copy, signed on 17 June 1966, indicates in:

	a.  Item 22 (MOSs) he was awarded MOS 13A1P (the "P" indicates he was a qualified Parachutist) on 28 October 1966.

	b.  Item 28 (Specialized Training) he completed basic airborne training on 18 November 1966.

	c.  Item 38 (Record of Assignments) he completed basic airborne training at Fort Benning, GA in November 1966.

	d.  Item 41 (Awards and Decorations) entries for award of the Parachutist Badge (Special Orders 267, Headquarters, the Student Brigade, dated 16 November 1966), National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



5.  The second copy of his DA Form 20 (Temporary Record prepared by Headquarters, U.S. Army Personnel Center, on 8 May 1968, indicates in:

	a.  Item 22 he was awarded MOS 13A1O in October 1966.

	b.  Item 31 (Foreign Service) he served in Vietnam from 22 February to 2 April 1968.

	c.  Item 38 (Record of Assignments) he was assigned to Battery C, 2nd Battalion, 321st Artillery in Vietnam from 23 February to 2 April 1968.

	d.  Item 41 entries for award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award) (General Orders 33, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ), and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  He was honorably released from active duty on 12 June 1968.  His DD Form 214 shows in:

	a.  Item 23a (Specialty Number and Title) he was awarded specialty 13A1O.  it does not indicate he was awarded skill qualification identifier "P" (Parachutist).

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.

	c.  Item 25 (Education and Training Completed) no entry indicating he completed airborne training or the Jumpmaster Course.

7.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 600-8-22 (Military Awards) states 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.
9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 Tet Counteroffensive and Vietnam Counteroffensive Phase IV campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant's DD Form 214 was prepared based upon his temporary records.

2.  The applicant's service records show he was issued special orders in November 1966 awarding him the basic Parachutist Badge for successful completion of airborne training.  Therefore, it would be appropriate to amend his DD Form 214 to show award of the Parachutist Badge.  In addition, it would be appropriate to amend item 25 of his DD Form 214 to show he completed airborne training.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

4.  He participated in two campaign phases during his service in Vietnam.  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 to show these bronze service stars.

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:

   a.  deleting the Vietnam Service Medal from his DD Form 214;
   
   b.  amending his DD Form 214 by adding the Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars; and
   
   c.  amending item 25 of his DD Form 214 by adding the entry "Basic Airborne School, 3 Weeks, 1966."



      _______ _  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)                                         AR20130014518



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ABCMR Record of Proceedings (cont)                                         AR20130014518



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