IN THE CASE OF:  	  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140006992 


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:

* Parachutist Badge
* Combat Infantryman Badge (CIB)
* Completion of Basic Airborne Course

2.  The applicant states these items were omitted from his DD Form 214.  He contends he only recently noticed the omissions.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 8-275-3 (Clinical Record Cover Sheet) dated 4 April 1968
* Standard Form 502 (Clinical Record-Narrative Summary) dated 5 April 1968
* DA Form 8-275-3 (Clinical Record Cover Sheet) dated 19 April 1968
* Standard Form 502 (Clinical Record-Narrative Summary) with date of discharge 12 July 1968

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.  On 20 March 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded a military occupational specialty (MOS) of 11H (Infantryman Direct Fire Crewman).

3.  Special Orders Number 102, paragraph 1, Fort Meade, Maryland, dated 
7 July 1967 announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  Special Orders Number 102, Fort Meade, Maryland, dated 8 July 1967 announced the applicant's award of the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm).

5.  On 11 August 1967, the applicant was enrolled in the Basic Airborne Course at Fort Benning, GA.

	a.  Special Orders Number 214, Fort Benning, GA announced the applicant's award of the Parachutist Badge, assignment to hazardous duty as a parachutist effective 21 August 1967, and his MOS as 11H1P indicating his qualification as a parachutist.

	b.  He completed this course on 8 September 1967.

6.  On 16 September 1967, the applicant departed Fort Benning for duty in the Republic of Vietnam (RVN) where he was assigned to Company C, 2nd Battalion, 502nd Infantry Regiment.  He initially performed duties as an infantry rifleman and later as an assistant gunner.

7.  On 31 March 1968, the applicant received a fragment wound to his right knee while in a firefight against the enemy.  On 2 April 1968, he was assigned as a patient to the 249th General Hospital and subsequently medically evacuated back to the United States.



8.  In July 1968, the applicant was reclassified and awarded a new MOS of 71G (Medical Records Specialist).  He retained his infantryman specialty as a secondary MOS.  He was subsequently assigned for duty at Fort Meade, Maryland.

9.  On 6 January 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 9 months, and 17 days of creditable active duty service.  The applicant's DD Form 214 shows:

   a.  his awards as:
   
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

b.  his training as an Infantryman Direct Fire Crewman.

10.  Army Regulation 600-8-22 (Military Awards):

	a.  The CIB is awarded to enlisted Soldiers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	b.  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.

   c.  Appendix B indicates that based on the applicant's dates of service in the RVN, he participated in the following two campaigns: the Vietnam Counteroffensive, Phase III and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 502nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970; and for award of the RVN Civil Actions Honor Medal First Class Unit Citation in DAGO Number 48, dated in 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show: 

* Parachutist Badge
* CIB
* Completion of Basic Airborne Course

2.  The evidence of record shows the applicant completed the 3-week basic parachutist course which qualified him for award of the Parachutist Badge.  Therefore, this training and badge should be shown on his DD Form 214.

3.  The evidence of record shows that the applicant held an infantryman MOS and was assigned to an infantry company while in the RVN.  Furthermore, during this assignment he was wounded while on a combat mission performing duty as an infantryman.  Therefore, he should be awarded the Combat Infantryman Badge.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

6.  Special orders show the applicant qualified as a marksman with the 106mm recoilless rifle and as a sharpshooter with the M-16 rifle in automatic mode.  Therefore, his DD Form 214 should be corrected to reflect these qualifications.








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.  awarding him the Combat Infantryman Badge on 31 March 1968;

	b.  deleting from his DD Form 214:

* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

* Basic Airborne Course, 3-weeks, 1967; and

	d.  adding to his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Pistol Bars


* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Recoilless Rifle 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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140006992



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