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Decision Text

ARMY | BCMR | CY2002 | 2002080370C070215
Original file (2002080370C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002080370


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to show that he was awarded the Combat Infantryman Badge (CIB) and the Republic of Vietnam (RVN) Gallantry Cross with Palm.

3. He states, in effect, that he received the awards, but had to surrender his combat related awards before he left Vietnam in order to hide the fact that American advisors were engaged in combat.

4. The applicant’s military records show that he was inducted on 12 January 1965, completed training as a radiotelephone operator and reported for duty in Vietnam with the United States Military Assistance Command, Vietnam (MACV) on 21 June 1965. He departed Vietnam on 12 June 1966 and was separated with an honorable characterization of service on 11 January 1967. His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the National Defense Service Medal, the Vietnam Service Medal and the Army Commendation Medal.

5. His Department of the Army (DA) Form 20 (Enlisted Qualification Record) lists the same awards and also indicates that he qualified as a marksman with a service rifle. (Orders from Fort Polk awarded the Marksman Qualification Badge with Rifle Bar and MACV General Orders 625 conferred the Army Commendation Medal.)

6. A 6 August 1965 letter to the Senior Advisor, 49th Infantry Regiment states that the applicant had been awarded the CIB and that it would be retained at Team Headquarters until the Senior Advisor visited the applicant's location.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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. The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. Special provisions, that excluded the MOS requirements apply to officers, warrant officers and enlisted personnel who served as advisors to Vietnamese infantry units or to infantry type irregular units.

8. Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, United States Military Assistance Command and subordinate units for the period 8 February 1962 to 28 March 1973.

9. The RVN Gallantry Cross is also a personal decoration awarded to individuals for valorous combat achievement. A gold star was affixed to denote an honoree that was cited by a corps commander. Silver and bronze stars denoted division
and regimental level awards. A palm frond denoted an award presented by Vietnamese Army Headquarters. It was not unusual for personal awards of the RVN Gallantry Cross to be made to advisors who took part in significant actions or who performed heroic acts.

10. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Vietnam Defense Campaign commencing 8 March 1965 and ending 24 December 1965; Vietnam Counteroffensive, ending 30 June 1966.

11. The Vietnam Campaign Medal with "60-" device was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented them from serving the required 6 months.

CONCLUSIONS:

1. The applicant was awarded the CIB as evidenced by the 6 August 1965 letter to his superior officer.

2. He served in Vietnam during two designated campaign periods and is entitled to wear two bronze service stars on the Vietnam Service Medal.

3. The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

4. He was authorized the RVN Campaign Medal with "60-" device.

5. He was awarded the Marksman Qualification Badge with Rifle Bar.

6. It is unjust for these awards to not be listed on the applicant's DD Form 214.

7. The applicant may well have received a personal award of the RVN Gallantry Cross; however, there are neither Vietnamese orders nor written authority to accept the award in his record. Entitlement might be established based upon convincing anecdotal evidence by those, such as fellow advisors who were familiar with the circumstances, date and details of the incident, the approval process and the presentation.

8. In view of the foregoing findings and conclusions, correcting the applicant’s records should be corrected as recommended below would rectify and injustice..

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on his DD Form 214, the individual concerned is authorized two bronze service stars for wear on the Vietnam Service Medal, the RVN Campaign Medal with "60-" device, the RVN Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge and the Marksman Qualification Badge with Rifle Bar.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JNS___ ___TL___ __BPI__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _John N. Slone________
                  CHAIRPERSON




INDEX

CASE ID AR2002080370
SUFFIX
RECON
DATE BOARDED 20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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