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ARMY | BCMR | CY2008 | 20080003550
Original file (20080003550.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080003550 


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 the record of his deceased father, a former service member (FSM), to show award of the Meritorious Service Medal (1st Oak Leaf Cluster), the Republic of Vietnam Armed Forces Honor Medal First Class, the Republic of Vietnam Gallantry Cross with Bronze Star Citation, and the Meritorious Unit Citation.

2.  The applicant states, in effect, that the FSM served a qualifying period and/or was awarded these awards.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  Certificates, dated 28 August 1974 and 10 April 1981, awarding the FSM the Meritorious Service Medal.

	b.  Memorandum, dated 2 October 1969, Authorization for Individual Foreign Award (Gallantry Cross with Bronze Star).

	c.  Extract of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit), dated 29 January 1988. 

	d.  FSM’s Certificate of Death, dated 15 February 2007. 

	e.  Certified Letters Testamentary, dated 27 March 2007.  

CONSIDERATION OF EVIDENCE:

1.  The FSM’s records show that he was appointed as an infantry commissioned officer in the Regular Army and entered active duty on 24 September 1957.  He completed over 26 years of honorable service in different command and staff positions and was transferred to the Temporary Disability Retirement List (TDRL) in the rank of colonel on 6 August 1981. 

2.  The FSM’s records further show that he completed two tours in the Republic of Vietnam as follows:  

      a.  from 8 February 1967 to 8 June 1968, assigned to the U.S. Military Assistance Command, Vietnam; and

      b.  from 5 August 1972 to 27 March 1973, assigned to Headquarters Company, U.S. Military Assistance Command, Vietnam.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 August 1981, shows he was awarded the Parachutist and the Senior Parachutist Badges, the Expert and the Combat Infantryman Badges, the Army Commendation Medal (1st Oak Leaf Cluster), the National Defense Service Medal, the Vietnam Service Medal (5 campaigns), the Republic of Vietnam Campaign Medal, the Armed Forces Honor Medal, the Meritorious Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Bronze Star Medal, the Legion of Merit (1st Oak Leaf Cluster), the Army Service Ribbon, the Overseas Service Ribbon, and three Overseas Service Bars.

4.  Headquarters, U.S. Army Forces Command, Fort McPherson, Georgia, Permanent Orders 53-5, dated 10 April 1991, show the FSM was awarded the Meritorious Service Medal (1st Oak Leaf Cluster) for outstanding meritorious service from 8 July 1969 to 17 February 1981.  

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the U.S. Military Assistance Command, Vietnam, was awarded the Meritorious Unit Commendation, from 8 March 1965 to 31 August 1968, based on Department of the Army General Orders Number 10, dated 1968.



6.  The U.S. Military Assistance Command, Vietnam, Memorandum, dated 19 April 1968, shows the FSM was authorized to accept and wear the Armed Forces Honor Medal First Class (individual award), which was presented to him by the Government of Vietnam. 

7.  The Vietnam Armed Forces Honor Medal was a decoration of South Vietnam that was first created in 1953.  The medal was issued in two grades and reached its height of bestowals during the years of the Vietnam War.  The Vietnam Armed Forces Honor Medal was also one of the more commonly medals awarded to members of foreign militaries, and was frequently bestowed to members of the United States armed forces.  The Vietnam Armed Forces Honor Medal was awarded to any member of the military who actively contributed to the formation and organization of the Vietnamese military and who actively participated in cadre training of Vietnamese units.  The Vietnam Armed Forces was awarded for non-combat service only and was comparable to the U.S. decoration of the Army Commendation Medal.  The two grades of the Vietnam Armed Forces Honor Medal were annotated on the medal by the coloring of the medal’s ribbon.  The first class grade displayed a yellow and red pattern while the second class displayed red and yellow.  The first class medal was issued to commissioned officers while the second class was bestowed upon warrant officers and enlisted personnel.  In addition, the medal's medallion for the first class grade was gold while the second class was of a silver coloring.  Currently, the Vietnam Armed Forces Honor Medal is considered obsolete since the issuing government of South Vietnam, no longer exists.  The medal is today only available through private dealers in military insignia.

8.  The U.S. Military Assistance Command, Vietnam, Memorandum, dated 2 October 1958, shows the FSM was authorized to accept and wear the (Republic of Vietnam) Gallantry Cross with Bronze Star (individual award), which was presented to him by the Government of Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the unit citation of the Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement.  The medal was awarded by the Vietnam Government to military personnel who have accomplished deeds of valor or displayed heroic conduct while fighting the enemy and have been cited individually at the regiment, brigade, division, corps, or armed forces level.  The United States Army began authorizing the Vietnam Gallantry Cross in March 1968 with retroactive presentation of the decoration to 1961.  In 1974, Army General Order Number 8 authorized the Vietnam Gallantry Cross Unit Citation to every military unit of the United States Army which had served under the Military Assistance Command from 1961 to 1974.  This effectively granted the unit version of the award to any member of the U.S. Army who had served for any period of time in the Republic of Vietnam.  Members of other services were not affected by the Army General Order and still required individual or unit orders for the Vietnam Gallantry Cross Unit Citation to be awarded.  This award is awarded in four degrees as follows:

	a.  With Palm—To a unit which is cited before the Armed Forces.

	b.  With Gold Star—To a unit which is cited before a corps.

	c.  With Silver Star—To a unit which is cited before a division.

	d.  With Bronze Star—To a unit which is cited before a regiment or brigade.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders awarded the FSM the Meritorious Service Medal (1st Oak Leaf Cluster) for outstanding meritorious service, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

2.  General Orders awarded the FSM’s unit the Meritorious Unit Commendation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

3.  The U.S. Military Assistance Command, Vietnam, Memorandum, dated 19 April 1968, shows the FSM was authorized to accept and wear the Armed Forces Honor Medal, First Class (individual award).  Although this award is already shown on the FSM’s DD Form 214, it is not listed correctly.  Therefore, it is appropriate to correct the FSM’s record to show the class of this foreign award.

4.  The U.S. Military Assistance Command, Vietnam, Memorandum, dated 2 October 1968, shows the FSM was authorized to accept and wear the Republic of Vietnam Gallantry Cross, with Bronze Star (individual award), which is not shown on his record.  Therefore, he is entitled to correction of his records to show this individual award.








BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting the entry “Meritorious Service Medal” and replacing it with the entry “Meritorious Service Medal (1st Oak Leaf Cluster)” in Item 12 of the FSM’s DD Form 214, dated 6 August 1981; 

	b.  adding the entries “Meritorious Unit Commendation” and “Republic of Vietnam Gallantry Cross, with Bronze Star (individual award)” to Item 13 of the FSM’s DD Form 214, dated 6 August 1981; and 

      c.  deleting the entry “Armed Forces Honor Medal” and replacing it with the entry “Armed Forces Honor Medal, First Class” in Item 13 of the FSM’s DD Form 214, dated 6 August 1981.


							XXX
      _______________________
      	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)                                         AR20080003550



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ABCMR Record of Proceedings (cont)                                         AR20080003550



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