BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021952 


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 Paratrooper Jump Wings (correctly known as the Parachutist Badge).

2.  He states his DD Form 214 does not show his jump wings.

3.  He provides his DD Form 214 and page 3 of his DA Form 20 (Enlisted Qualification Record).

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 
20 September 1967.  He served in the Republic of Vietnam (RVN) from 
9 November 1968 to 12 September 1969 and was assigned to Company C and Company D, 4th Battalion, 503d Infantry Regiment, 173d Airborne Brigade.  He served 2 years and 27 days on active duty and he was honorably released from active duty on 16 October 1969.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Expert Marksmanship Qualification Badge with Machinegun Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Parachutist Badge by Special Orders Number 157 issued by Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, dated 26 June 1968.

5.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM).

6.  The applicant's official military personnel records contain Headquarters, 173d Airborne Division, General Orders Number 1442, dated 9 June 1969, that show he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement for his action on 19 April 1969.

7.  Army Regulation 672-5-1 (Awards) provided that the AGCM 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows participation credit was awarded for the following three campaigns coinciding with the applicant's service in Vietnam:

* 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)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 4th Battalion, 503d Infantry Regiment, to which he was assigned, was cited for the:

* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971 
* RVN Civil Actions Honor Medal First Class Unit Citation for the period     15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 verifies that special orders awarded him the Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  General orders verify he was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he received all "excellent" conduct and efficiency ratings and he had no adverse actions or a commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM (1st Award) for the period 20 September 1967 to 14 October 1969 and correction of his DD Form 214 to show this award.

4.  The applicant's unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  The evidence also shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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 from his DD Form 214 the Vietnam Service Medal;

b.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 September 1967 to 16 October 1969; and 

	c.  adding to his DD Form 214 the:

* Army Commendation Medal 
* Army Good Conduct Medal (1st Award) 
* Parachutist Badge
* Vietnam Service Medal with three bronze service stars
* RVN Civil Actions Honor Medal First Class Unit Citation 
* RVN Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20130021952





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ABCMR Record of Proceedings (cont)                                         AR20130021952



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