IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140010946 


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
* his military occupational specialty (MOS) as 11B1P (light weapons infantryman – parachutist)
* his last duty assignment as Company D, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division, U.S. Army Pacific (USARPAC) 
* his service in Vietnam from 23 August 1967 to 8 December 1968

2.  The applicant states:

* his DD Form 214 does not show award of the Parachutist Badge
* his last duty assignment was Company D, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division, USARPAC
* his MOS was 11B1P, not 54A1O (chemical operations apprentice)
* he served in Vietnam from 23 August 1967 to 8 December 1968
* his DD Form 214 does not reflect his proper military service at discharge

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214



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 16 February 1967.  He completed his training and was awarded MOS 54A.

3.  His DA Form 20 shows:

	a.  He completed basic airborne training in August 1967.

	b.  He was awarded the Parachutist Badge by Headquarters, The Student Brigade, Special Orders Number 196, dated 11 August 1967.

	c.  He was assigned to Fort Campbell, KY, from August 1967 to December 1967.

	d.  He arrived in Vietnam on or about 15 December 1967.

	e.  He was assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 101st Airborne Division, in duty MOS 11B1P in Vietnam from 15 December 1967 to 14 April 1968.

4.  Headquarters, 101st Airborne Division, Special Orders Number 65, dated 5 March 1968, awarded him the Combat Infantryman Badge.

5.  His DA Form 20 shows:

	a.  He was assigned to HHC, 1st Battalion (Airborne), 327th Infantry Regiment, in duty MOS 11B1P in Vietnam on 15 April 1968.


	b.  He was assigned to HHC, 2nd Battalion (Airborne), 502nd Infantry Regiment, in duty MOS 11B1P in Vietnam from 15 April 1968 to 20 July 1968.

	c.  He was assigned to Company D, 2nd Battalion, 502nd Infantry Regiment, in duty MOS 11B1P in Vietnam from 21 July 1968 to 9 December 1968.

6.  Records show he participated in five campaigns during his assignment in Vietnam.

7.  On 11 December 1968, he was honorably released from active duty in the rank of private first class after completing 1 year, 9 months, and 26 days of total active service with no lost time.

8.  His DD Form 214 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

9.  His DD Form 214 shows in:

* item 12 (Last Duty Assignment and Major Command) – USARPAC
* item 23a (Specialty Number and Title) – 54A1O
* item 30 (Remarks) – no service in Vietnam

10.  There are no orders in the available records which show he was awarded MOS 11B.

11.  There is no evidence indicating 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks block.

13.  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.

15.  Army Regulation 600-8-22  (Military Awards)states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

16.  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 HHC, 2nd Brigade, 101st Airborne Division, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in Department of the Army General Orders Number (DAGO) 48, dated 1971.

17.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 502nd Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 19 July 1968 to 14 May 1969 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The entry on his DA Form 20 which shows he was awarded the Parachutist Badge is accepted as sufficient evidence on which to base adding this badge to his DD Form 214.

2.  The DA Form 20 entry which shows his last duty assignment and major command was Company D, 2nd Battalion, 502nd Infantry Regiment, in USARPAC is accepted as sufficient evidence on which to amend item 12 of his DD Form 214.

3.  The applicant requests correction of his DD Form 214 to show MOS 11B1P instead of MOS 54A1O.  Although there are no orders which show he was awarded MOS 11B, evidence of record shows he was awarded the Parachutist Badge in August 1967, he was awarded the Combat Infantryman Badge in March 1968, and he served in duty MOS 11B1P during his assignment in Vietnam.  Since any reasonable doubt should be resolved in favor of the applicant, it would be appropriate to amend item 23a of his DD Form 214 to show his MOS was 11B1P (light weapons infantryman).

4.  Although he contends he served in Vietnam from 23 August 1967 to 8 December 1968, his DA Form 20 shows he was assigned to Fort Campbell, KY, from August 1967 to December 1967.  His DA Form 20 shows he arrived in Vietnam on 15 December 1967 and departed Vietnam on 8 December 1968.  Therefore, the DA Form 20 entries are accepted as sufficient evidence on which to add the entry "Vietnam Service:  13 December 1967 to 8 December 1968" to item 30 of his DD Form 214.

5.  He was honorably released from active duty in the rank of private first class with almost 22 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 16 February 1967 through 11 December 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.

6.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this silver service star.

7.  His unit in Vietnam, 2nd Battalion, 502nd Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  He served in a unit that was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 16 February 1967 through 11 December 1968;

	b.  deleting the current entry in item 12 of his DD Form 214 and replacing it with the entry "Company D, 2nd Battalion, 502nd Infantry Regiment, USARPAC";

	c.  deleting the current entry in item 23a of his DD Form 214 and replacing it with the entry "11B1P";

	d.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* one silver service star with his already-awarded Vietnam Service Medal

	e.  adding the following entry to item 30 of his DD Form 214:  "Vietnam Service:  15 December 1967 to 8 December 1968."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he served in Vietnam from 23 August 1967 to 8 December 1968 on his DD Form 214.



      _______ _   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)                                         AR20140010946



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ABCMR Record of Proceedings (cont)                                         AR20140010946



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