BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140003523 


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 award of the Parachutist Badge with bronze service star denoting a combat assault jump.

2.  The applicant states award of "Combat Jump Wings" (correctly known as the Parachutist Badge with bronze service star) is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* roster of personnel participating in a combat assault

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 31 August 1965 for 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he served as an infantryman assigned to Company C, 2nd Battalion, 503rd Infantry Regiment, in Vietnam from 13 March 1966 to 15 March 1967.  He participated in two campaigns during his assignment in Vietnam.

3.  He provides a roster of personnel who participated in a combat parachute assault on 22 February 1967 in Vietnam.  This roster shows he was assigned to Company C, 2nd Battalion, 503rd Infantry Regiment.

4.  On 21 June 1968, he was honorably released from active duty in the temporary rank of specialist five after completing 2 years, 9 months, and 22 days of creditable active service with no lost time.

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

* Bronze Star Medal with "V" Device
* Purple Heart (3rd Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Presidential Unit Citation

6.  There is no evidence he was awarded the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

8.  Army Regulation 600-8-22 (Military Awards) states 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 orders are required to confirm award of these badges.  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 unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with bronze service star.  Each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with bronze service star.  Any parachutist badge with bronze service star for a combat jump will be retained regardless of time on airborne status.

9.  Army Regulation 600-8-22 also states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

10.  Department of the Army 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 Presidential Unit Citation for actions on 16 March 1966 in Department of the Army General Orders (DAGO) Number 40, dated 1967
* the Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 in DAGO Number 48, dated 1968 
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 5 May 1965 to 26 September 1970 in DAGO Number 51, dated 1971
* assault landing credit on 22 February 1967 in the vicinity of Katum, Vietnam, in DAGO Number 18, dated 1979 (eligible personnel will show evidence of participation)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows award of the Parachutist Badge.  However, his unit in Vietnam was cited for assault landing credit on 22 February 1967 in Vietnam.  Since he provided evidence of his participation in this combat parachute assault landing, his DD Form 214 should be corrected to show award of the Parachutist Badge with bronze service star.

2.  He was honorably released from active duty in the temporary rank of specialist five with almost 34 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 31 August 1965 through 21 June 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

4.  His unit in Vietnam was also awarded the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  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 the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 31 August 1965 through 21 June 1968;

	b.  deleting the award of the Vietnam Service Medal and Parachutist Badge 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
* Parachutist Badge with bronze service star
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam 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)                                         AR20140003523



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ABCMR Record of Proceedings (cont)                                         AR20140003523



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