IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080000643 


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, in effect, correction of his discharge document to show award of the Silver Star, Legion of Merit (1st Oak Leaf Cluster), Joint Service Commendation Medal with “V” Device (1st Oak Leaf Cluster), Army Commendation Medal with “V” Device (1st Oak Leaf Cluster), Thai Parachute Wings, and Fourragere.

2.  The applicant states, in effect, he was medically evacuated from Germany in September 1987 and his military files were lost; however, he recently found his discharge document in a safe.  The applicant also states that he sent the only copies of documents pertaining to his awards to the National Personnel Records Center (NPRC) because, at the time, he did not have a copy machine.  The applicant further states the NPRC advised him to submit an application to the Army Board for Correction of Military Records, but did not return his award documents to him.

3.  The applicant provides 2 self-authored statements, dated 21 October 2007 and 11 December 2007, and 2 NPRC, Military Personnel Records, St. Louis, Missouri, letters, dated 24 September 2007 and 16 November 2007.

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's military service records show that he enlisted in the U.S. Army and entered active duty for a period of 2 years on 1 March 1954.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 1821 (Unit Supply Specialist).  He was promoted to the grade of sergeant/pay grade E-5 on 17 November 1954 and completed Infantry Officer Candidate School in May 1955.
 
3.  The applicant's military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 8 May 1955.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal.  This document also shows the applicant was honorably discharged from active duty on 8 May 1955 and credited with 1 year,
2 months, and 8 days of net service for pay purposes this period.

4.  The applicant was appointed a commissioned officer in the U.S. Army Reserve with concurrent call to active duty, in the grade of second lieutenant, on 9 May 1955.  He was trained in and detailed as a Special Forces officer.  The highest grade he attained was lieutenant colonel (LTC)/pay grade O-5.

5.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and Campaigns), coupled with Item 28 (Item Continuation), shows he was awarded the Legion of Merit
(2 Awards), Bronze Star Medal (1st Oak Leaf Cluster), Meritorious Service Medal, Air Medal with “V” Device (2nd Oak Leaf Cluster), Joint Service Commendation Medal with “V” Device, Army Commendation Medal with “V” Device (1st Oak Leaf Cluster), Good Conduct Medal, National Defense Service Medal (1st Oak Leaf Cluster), Armed Forces Expeditionary Medal (Lebanon and Congo), Vietnam Service Medal, Combat Infantryman Badge, Master Parachutist Badge, Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm (2nd Award), French-German Star Medal, Canadian Valor Medal, 1939 - 1945 Medal, Liberation Cross (1940 - 1945), Honor and Merit Cross, Belgian Valor Medal, Commemorative Medal, Military Medal 1st Class (Army), Belgian Fourragere (Valor), French Fourragere (Gallantry), 21st Army Group Military Citation, SAS Wings (British), and British War Medal.  These 2 items also show the applicant participated in the following campaigns:  Normandy, Belgium, Holland, Germany, Vietnam Advisory, Vietnam Defense, Vietnam Counteroffensive, Vietnam Counteroffensive Phase III, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET Counteroffensive.  These items further show he was authorized to wear 5 Overseas Service Bars and 2 Front Lines Chevrons on his Army uniform.

6.  The applicant's military service records show, in pertinent part, he was assigned to Headquarters, 18th Military Police Brigade in the Republic of Vietnam (RVN) from 15 January 1968 through 19 December 1968.

7.  The applicant's military service records contain a DD Form 214, issued at the time he honorably retired from active duty on 30 June 1975.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), coupled with Item 27 (Remarks) shows he was awarded the Legion of Merit, Bronze Star Medal (1st Oak Leaf Cluster), Meritorious Service Medal, Air Medal with “V” Device (2nd Award), Joint Service Commendation Medal with “V” Device, Army Commendation Medal with “V” Device (1st Oak Leaf Cluster), Good Conduct Medal, National Defense Service Medal (1st Oak Leaf Cluster), Armed Forces Expeditionary Medal (Lebanon and Congo), Vietnam Service Medal, Combat Infantryman Badge, Master Parachutist Badge, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm
(2nd Award), French-German Star Medal, Canadian Valor Medal, 1939 - 1945 Medal, Liberation Cross (1940 - 1945), Honor and Medal Cross, Belgian Valor Medal, Commemorative Medal, Military Medal 1st Class (Army), Belgian Fourragere, French Fourragere, 21st Army Group Military Citation, SAS Wings (British), and British War Medal.

8.  The applicant's military service records contain a copy of Headquarters, Department of the Army, General Orders Number 1, dated 12 January 1961, which show, in pertinent part, the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service from 14 July 1960 to 27 August 1960. 

9.  The applicant's military service records contain a copy of Headquarters, Department of the Army, U.S. Army Military Personnel Center, Chief, Military Awards Branch, letter, dated 5 September 1975, subject: Presentation of Award. This document shows that the Legion of Merit (1st Oak Leaf Cluster) was approved and forwarded to the Commander, Fort Lewis, Washington, for presentation to the applicant.  This document also shows that the official citation, Department of the Army Letter Orders, and medal set with oak leaf cluster were enclosed for presentation to the applicant and that he was awarded the Legion of Merit (1st Oak Leaf Cluster) for exceptionally meritorious service during the period June 1973 to June 1975.

10.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Support Command, Vietnam (RVN), General Orders Number 484, dated 20 August 1964, which show, in pertinent part, that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 3 August 1963 to 28 February 1964.
	
11.  The applicant's military service records contain a copy of Headquarters,
U.S. Army, Pacific (RVN), General Orders Number 66, dated 27 February 1965, which show the applicant was awarded the Air Medal with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the RVN on 15 December 1963.

12.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Vietnam (RVN), General Orders Number 381, dated 2 September 1965, which show, in pertinent part, that the applicant was awarded the Air Medal (2nd Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 30 December 1964 to 20 March 1965.

13.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Vietnam (RVN), General Orders Number 384, dated 2 September 1965, which show, in pertinent part, that the applicant was awarded the Air Medal (3rd Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 24 March 1965 to 25 May 1965.

14.  The applicant's military service records contain a copy of Headquarters, United States Support Activities Group (RVN), Special Order G-15, dated
9 August 1974.  This order shows, in pertinent part, the applicant was awarded the Joint Service Commendation Medal with “V” Device for exceptionally valorous service in the performance of duties on 15 December 1973.

15.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Support Command, Vietnam (RVN), General Orders Number 801, dated 30 November 1964, which show he was awarded the Army Commendation Medal for meritorious service from 9 November 1963 to 27 April 1964.

16.  The applicant's military service records contain a copy of Headquarters,
United States Military Assistance Command, Vietnam (RVN), General Orders Number 203, dated 10 February 1965, which show that the applicant was awarded the Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force in the RVN on
16 January 1964.

17.  The applicant's military service records contain a copy of Headquarters,
United States Army Communications Zone Europe, General Orders Number 173, dated 27 July 1967, which show, in pertinent part, the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from September 1966 to March 1967.  His military service records also contain copy of Headquarters, United States Army Communications Zone Europe, General Orders Number 179, dated 7 August 1967, which show, in pertinent part, the Army Commendation Medal (1st Oak Leaf Cluster), awarded to the applicant under Headquarters, United States Army Communications Zone Europe, General Orders Number 173, dated 27 July 1967, was revoked.

18.  The applicant's military service records contain a copy of Headquarters, Department of the Army, U.S. Army Military Personnel Center, Chief, Military Awards Branch, letter, dated 25 March 1975, subject: Foreign Awards, with enclosures.  This documentation shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star which was awarded to the applicant by the Chief, Joint General Staff, Republic of Vietnam Armed Forces for the applicant’s high sense of duty on 15 December 1973.

19.  The applicant’s military service records are absent orders or any other evidence to show he was awarded the Silver Star.

20.  The applicant’s military service records are absent orders or any other evidence to show he was awarded a second award of the Joint Service Commendation Medal.

21.  The applicant’s military service records are absent orders or any other evidence to show he was awarded Thai Parachute Wings by the Thai government, or that he was authorized to accept and wear this foreign badge.

22.  In support of his application, the applicant provides 2 self-authored statements, dated 21 October 2007 and 11 December 2007, and 2 NPRC, Military Personnel Records, St. Louis, Missouri, letters, dated 24 September 2007 and 16 November 2007.

 	a.  The NPRC letter, dated 24 September 2007, in pertinent part, advised the applicant to provide a detailed statement outlining exactly what required correction in his records.

	b.  The applicant’s letter, dated 21 October 2007, indicates, in pertinent part, that he was enclosing documentation pertaining to the Legion of Merit
(1st Oak Leaf Cluster), Joint Service Commendation Medal (1st Oak Leaf Cluster), Silver Star, Thai Parachute Wings, Fourragere, Army Commendation Medal (1st Oak Leaf Cluster), photographs of him receiving awards from Major General H____, and a DD Form 214.  This letter also shows that the applicant requested correction of the discrepancies on his DD Form 214.

	c.  The NPRC letter, dated 16 November 2007, in pertinent part, advised the applicant that the NPRC has no authority to review and approve amendments or corrections to military records and referred the applicant to the ABCMR.

	d.  The applicant’s letter, dated 11 December 2007, outlines his previous efforts with the NPRC to correct his records and adds that he was a qualified Special Forces officer and he may have qualified for additional badges.

23.  A review of the applicant's records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

24.  The applicant’s military service records contain a copy of Headquarters, Department of the Army, Office of The Adjutant General, Washington, District of Columbia, letter, dated 6 January 1967, subject:  Vietnamese Awards, along with the enclosed Vietnam Cong-Hoa Certificate.  This documentation shows that The Adjutant General of the Army authorized the applicant to accept and wear the Republic of Vietnam Parachutist Badge that was awarded to him by the Government of the Republic of Vietnam.

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Headquarters, 18th Military Police Brigade (RVN), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 46 (1969).  This document also shows at the time of his assignment, the unit was cited for a second award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 6 (1974).

26.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

27.  Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

28.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which are the Legion of Merit, Bronze Star Medal, Joint Service Commendation Medal, Army Commendation Medal, and Meritorious Unit Commendation.

29.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

30.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

31.  The Joint Service Commendation Medal was authorized by the Secretary of 
Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  In accordance with Deputy Secretary of Defense, memorandum, dated 29 November 1965, subject: Combat Distinguishing Device for the Joint Service Commendation Medal, the "V" Device was authorized for wear by all services for acts or service involving direct participation in combat operations on or after 25 June 1963.

32.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

33.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.  This document also shows that 1 silver service star may be worn in lieu of 5 bronze service stars.

34.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

35.  Army Regulation 600-8-22 provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least
6 continuous months in support of military operations.  

36.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  This regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

37.  Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

38.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation governed award of the Republic of Vietnam Gallantry Cross as both a personal decoration and unit award.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

39.  Department of the Army Pamphlet 672-3, paragraph 6, states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

40.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

41.  Army Regulation 600-8-22 provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

42.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation.  The Republic of Vietnam Parachutist Badge is listed in Appendix D (Foreign Badges).

43.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Silver Star, Legion of Merit (1st Oak Leaf Cluster), Joint Service Commendation Medal with “V” Device (1st Oak Leaf Cluster), Army Commendation Medal with “V” Device (1st Oak Leaf Cluster), Thai Parachute Wings, and Fourragere.

2.  There is no evidence of record, and the applicant provides insufficient evidence, to support his claim that he was awarded the Silver Star.  Therefore, there is no basis for correction of his records to show this award.

3.  Records show that General Orders awarded the applicant the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service from 14 July 1960 to 27 August 1960.  Records also show that Letter Orders awarded the applicant the Legion of Merit (1st Oak Leaf Cluster) for exceptionally meritorious service during the period June 1973 to June 1975.  Therefore, his discharge document should be corrected to show 2 awards of the Legion of Merit.

4.  Records show that General Orders awarded the Air Medal to the applicant on 4 occasions, as follows: the Air Medal for meritorious achievement while participating in aerial flight from 3 August 1963 to 28 February 1964; Air Medal with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the RVN on 15 December 1963; Air Medal (2nd Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 30 December 1964 to 20 March 1965; and Air Medal (3rd Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 24 March 1965 to 25 May 1965.  Therefore, the applicant’s records should be corrected to show 4 awards of the Air Medal (i.e., Air Medal with “V” Device and Numeral “4”).

5.  Records show that Special Orders awarded the applicant the Joint Service Commendation Medal with “V” Device for exceptionally valorous service in the performance of duties on 15 December 1973.  However, there is no evidence of record, and the applicant provides insufficient evidence, to support his claim that he received a second award of the Joint Service Commendation Medal.  Therefore, there is insufficient evidence to support correction of his records to show a second award of the Joint Service Commendation Medal.

6.  Records show that General Orders awarded the applicant the Army Commendation Medal for meritorious service from 9 November 1963 to 27 April 1964.  Records also show that General Orders awarded the applicant the Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force in the RVN on 16 January 1964.  In addition, the evidence of record shows that the applicant’s DD Form 214 correctly documents these 2 awards.  Therefore, there is no basis for correction of the applicant’s DD Form 214 in this instance.

7.  Records show that the applicant served in 8 campaigns in Vietnam.  Therefore, his records should be corrected to show award of the Vietnam Service Medal with 1 silver service star and 3 bronze service stars.

8.  Records show that the applicant was authorized the Valorous Unit Award. Therefore, it would be appropriate to correct his records to show this unit award.

9.  General Orders awarded the applicant's unit the Meritorious Unit Commendation on 2 separate occasions.  Therefore, it would be appropriate to correct his records to show 2 awards of the Meritorious Unit Commendation.

10.  Records show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Silver Star and that he was authorized to accept and wear the award.  Therefore, it would be appropriate to correct his records to show this foreign award.

11.  Records show the applicant was authorized the Belgian Fourragere, French Fourragere, and 2 awards of the Republic of Vietnam Gallantry Cross with Palm and that these decorations are recorded on his DD Form 214.  The evidence of record also shows that multiple awards of the Republic of Vietnam Gallantry Cross Unit Citation are authorized and that official military and historical records will indicate all awards received.  However, the evidence of record further shows that not more than 1 Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross Unit Citation.  Thus, the evidence of record shows that the applicant’s records correctly document his awards of the Fourragere (i.e., Belgian Fourragere, French Fourragere, and 2 awards of the Republic of Vietnam Gallantry Cross with Palm).  Therefore, there is no basis for correction of the applicant’s DD Form 214 in this instance.

12.  Records show that the applicant was awarded the Republic of Vietnam Parachutist Badge by the Government of the Republic of Vietnam and that he was authorized to accept and wear the award by The Adjutant General of the Army.  Therefore, it would be appropriate to correct his records to show this foreign badge.

13.  There is no evidence of record, and the applicant provides insufficient evidence, to support his claim that he was awarded the Thai Parachute Wings by the Thai government, or that he was authorized to accept and wear this foreign badge.  Therefore, there is no basis for correction of his records to show this foreign badge.
14.  While the available evidence is insufficient for awarding the applicant the Silver Star or Joint Service Commendation Medal (1st Oak Leaf Cluster), this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of
10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  __x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from his DD Form 214 the Legion of Merit, Air Medal with “V” Device (2nd Award), Vietnam Service Medal and Meritorious Unit Commendation Medal; and

	b.  adding to his DD Form 214 the Legion of Merit (2nd Award), Air Medal with “V” Device (4th Award), Vietnam Service Medal with 1 silver service star and 3 bronze service stars, Valorous Unit Award, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Silver Star, and Republic of Vietnam Parachutist Badge.

2.  The Board further determined that 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 the Silver Star, Joint Service Commendation Medal, Army Commendation Medal, Fourragere, and Thai Parachute Wings.  



       _    ____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)                                         AR20080000643



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080000643



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1