APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Presidential Unit Citation, and the Republic of Vietnam Meritorious Unit Citation, the Air Medal, the Bronze Star Medal with V and gold star (from the Marine Corps), the Navy/Marine Corps Presidential Unit Citation and the Vietnam Gallantry Cross with palm (3rd award).
APPLICANT STATES: That he flew over 100 hours on aerial missions that should have established eligibility for the Air Medal. In support of his request for the Bronze Star Medal with V and gold star he provides a copy of the certificates and citations signed by the Secretary of the Navy. He also includes a letter from a former commander that states that he is authorized to wear the Presidential Unit Citation Ribbon and the Republic of Vietnam Meritorious Unit Citation with palm.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty as a 2nd lieutenant on 12 March 1967 and subsequently served two tours in Vietnam, the first from 11 March 1968 to 19 February 1969 and the second from 5 January 1971 to 2 March 1971. During his second tour, he was severely wounded when a mine exploded resulting in partial amputation of his foot. He was evacuated to the States and eventually discharged by reason of disability on 10 May 1972.
His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Vietnamese Armor Badge, the Vietnam Gallantry Cross with palm, the Vietnam Gallantry Cross with silver star, the Fourragere Color Gallantry Cross, the Unit Citation Color Gallantry Cross, the Parachutist Badge, the Army Commendation Medal with oak leaf cluster, the Pathfinder Badge, the Bronze Star Medal with oak leaf cluster, the Good Conduct Medal, the Armed Forces Reserve Medal, the Armed Forces Honor Medal and the Purple Heart.
The record shows that during his first tour in Vietnam he was assigned to Advisory Team #1, US Military Assistance Command and served as the Senior Advisor to the Second Troop, Fourth Cavalry Regiment, Republic of Vietnam Army supporting the First US Marine Regiment. In this capacity, he was attached to the Vietnamese Army through the cavalry unit he advised and provided support to the US Marine Corps. It was through this arrangement that he was recommended for the US Marine Corps award of the Bronze Star Medal with V and gold star.
Army Regulation 600-8-22, Military Awards, sets forth Army policy, criteria and administrative instructions concerning military decorations, service medals and service ribbons, combat and special skill badges and tabs. It provides in part, that all unit awards approved by authorized commanders, by the other service departments and by foreign governments, and all campaign participation credits announced by authorized commanders will be confirmed in Department of the Army orders. Furthermore, it is the Department policy that other services awards to US Army personnel require the concurrence of the recipients service.
The same regulation, insofar as it pertains to the Air Medal, states, that it is awarded to any person who, while serving in any capacity in or with the United States Army, distinguished himself by meritorious achievement while participating in aerial flight. Awards may be made to recognize a single act of merit or heroism, or for meritorious service during a period of conflict.
The Unit Citation and Campaign Participation Credit Register, DA Pamphlet 672-3, lists units which have been awarded the Presidential Unit Citation and the Meritorious Unit Commendation.
Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia, provide guidance for the wearing of decorations, service medals, badges, unit awards and appurtenances, both US and foreign.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant has presented no evidence to indicate that he was awarded a Navy/Marine Corps Presidential Unit Citation, nor does the campaign credit register cited above, show that he was assigned or attached, as required by Army regulation, to the unit during the period it was cited for the award.
2. Similarly, there is no evidence that he was awarded a third award of the Vietnam Gallantry Cross with palm. Once again, the Army regulation governing the acceptance and wear of foreign awards requires approval by the Department before they may be accepted by the individual concerned and placed in his record. Evidence that such an award was tendered and officially accepted is not reflected in the records.
3. Army regulations do not show the Republic of Vietnam Meritorious Unit Citation as an authorized award for members of the US Army.
4. Regarding his request for the Air Medal, the applicant has submitted no evidence and there is none in the record to indicate that he was recommended for or received this award.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: Notwithstanding the above determinations, it appears that his records should be corrected to show the he was awarded the Bronze Star with V and gold star based on the Department of the Navy award documents included with his application. Further, despite the requirement for prior concurrence the awards may be accepted, and in view of the applicants retired status, this Board concurs on behalf of the Department with the awards proffered by the Marine Corps. Accordingly, the Commander, US Army Reserve Personnel Center will be requested to correct his record to reflect that he was awarded the Bronze Star with V and gold star.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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