IN THE CASE OF:	   

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009902 


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:

* Air Medal
* Combat Infantryman Badge
* Parachutist Badge

2.  The applicant states he has documentation showing he earned these awards; however, they are not recorded on his DD Form 214.

3.  The applicant provides:

* Headquarters, 23d Infantry Division, General Orders Number 4820, dated 27 April 1971
* Air Medal Citation
* Airborne Course Certificate
* two DD Forms 214
* Headquarters, Americal Division, Special Orders Number 132, dated 12 May 1969

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 5 April 1968.

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 156, dated 19 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant provided a copy of his U.S. Army Infantry School Airborne Course Diploma, dated 10 October 1968.

5.  On 13 January 1969, he was honorably discharged for immediate reenlistment.  His DD Form 214 for this period shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 25 (Education and Training Completed) –

* Army Training Program 21-114
* Code of Conduct
* Basic Airborne

6.  He reenlisted on 14 January 1969.

7.  He served in Vietnam during the periods 20 March 1969 through 19 July 1969 and 22 November 1970 through 17 February 1971 and he participated in three campaigns.  While serving in Vietnam, he was assigned as follows:

* 23d Adjutant General Administration Company (Replacement Detachment) from 20 March 1969 to 4 April 1969
* Company B, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, from 5 April 1969 until on or about 19 July 1969
* 23d Adjutant General Administration Company (Replacement Detachment), from 28 November 1970 to 2 December 1970
* Troop D, 1st Squadron, 1st Cavalry, from 3 December 1970 through 17 February 1971

8.  Headquarters, 23d Infantry Division, General Orders Number 4820, dated 27 April 1971, awarded him the Air Medal for meritorious achievement during the period 22 January 1970 to 13 April 1971.

9.  Headquarters, Americal Division (23d Infantry Division), Special Orders Number 132, dated 12 May 1969, awarded him the Combat Infantryman Badge.

10.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  On 14 January 1972, the applicant was honorably released from active duty.  His DD Form 214 for the period ending 14 January 1972 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  One bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

13.  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 1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Orders Number 42, dated 1972.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 13 January 1969 shows he completed the Basic Airborne Course and he was awarded the Parachutist Badge.

2.  Army Regulation 635-5 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 14 January 1972 to show award of the Parachutist Badge.

3.  General orders awarded him the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 14 January 1972 to show this award.

4.  Special orders awarded him the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 14 January 1972 to show this badge.

5.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars with his already-awarded Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 14 January 1972 to show these service stars.

6.  The unit to which he was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 14 January 1972 to show this unit award.

7.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 ending 14 January 1972 to show these badges.

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:

* deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 14 January 1972
* adding the following awards to his DD Form 214 for the period ending 14 January 1972 –

* Air Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Parachutist Badge


* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20140009902



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ABCMR Record of Proceedings (cont)                                         AR20140009902



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