IN THE CASE OF:	  

		BOARD DATE:	        19 March 2009

		DOCKET NUMBER:  AR20080019776 


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 Army Good Conduct Medal, the Presidential Unit Citation, and the Mobile Riverine Force Badge.

2.  The applicant states that he had a perfect record during his military service and should have received the Army Good Conduct Medal and that he was given the Presidential Unit Citation by his company commander.  He also states that he served with the 9th Infantry Mobile Riverine Force and was even wounded while serving with this force.  He served honorably and proudly, and was wounded in action in the Republic of Vietnam in 1968 and believes his DD Form 214 should reflect all his medals and badges.

3.  The applicant provides a copy of his DD Form 214, dated 1 August 1969; a copy of a photograph of a display of medals, badges, and patches; a copy of his Department of Veterans Affairs rating decision, dated 30 January 2007; and a letter, dated 31 October 1968, from the National Personnel Records Center in support of his request.

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 records show he was inducted into the Army United States on 3 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was placed on the temporary disability retired list (TDRL) on 1 August 1969 and was permanently retired by reason of physical disability in the rank/grade of specialist four/E-4 on 31 May 1974.

3.  The applicant’s records also show he served in the Republic of Vietnam from 5 January 1968 to 1 April 1968.  He was assigned to Company A, 3rd Battalion, 47th Infantry. 

4.  Item 24 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Good Conduct Medal, the Presidential Unit Citation, and/or the Mobile Riverine Force Badge.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 20 (Personnel Qualification Record) does not show award of the Good Conduct Medal, the Presidential Unit Citation, and/or the Mobile Riverine Force Badge.

6.  The applicant’s records do not contain orders awarding him the Army Good Conduct Medal.

7.  Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. Furthermore, his records do not show any derogatory information throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 47th Infantry, was awarded the Presidential Unit Citation from 9 January 1968 to 4 March 1968 based on Department of the Army General Orders Number 45, dated 1969; the Meritorious Unit Commendation from 1 January 1968 to 31 December 1968 based on Department of the Army General Orders Number 36, dated 1970;     the Republic of Vietnam Gallantry Cross with Palm Unit Citation from                   1 December 1966 to 30 June 1968 based on Department of the Army General Orders 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 19 December 1966 to 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969.

10.  A review of the applicant's records indicate his entitlements to additional awards which are not shown on his DD Form 214.

11.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase III, and the TET Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Headquarters, 3d Training Brigade, Fort Jackson, South Carolina, Special Orders Number 183, dated 1 November 1967, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).

13.  Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina, Special Orders Number 189, dated 9 November 1967, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

14.  According to the 9th Infantry Division Mobile Riverine Force (MRF) Association website, the MRF (after May 1967) – initially designated the Mekong Delta Mobile Afloat Force and later, euphemistically, the Riverines – was a joint U.S. Army and U.S. Navy force that was modeled after lessons learned by the French experience in the First Indochina War and had the task of both transport (of Soldiers and equipment) and combat.  The primary base was at Dong Tam, with a floating base at the base of the Mekong River.  During the 9th Infantry Division's service in the Republic of Vietnam, one of its brigades was selected to fulfill the concept of a Mobile Riverine Force created in 1967 and integrated with a Navy Task Force 117 at each level of its brigade’s command.  The force was a complete package, independent of fixed support embarked or in tow.  The troops lived on barracks ships docked at the mobile riverine anchorage.  On tactical operations, Navy armored troop carrier boats, preceded by minesweeping craft and escorted by armored boats (monitors) transported the Soldiers along the vast waterways in the Delta.  The first element of the MRF (2nd Brigade) arrived in Vietnam in January 1967 and after shakedown training in the Rung Sat swamps moved into a base near My Tho, which was named Dong Tam.  The MRF often operated with other specialized units such as Navy Seal teams, South Vietnamese Marines, units of the Vietnamese 7th Division and River Assault Groups on reconnaissance blocking and pursuit operations.  In 1968, after the 9th Infantry Division was engaged in a bitter fighting in the Saigon area, General Westmoreland stated after TET that the 9th Infantry Division and the Mobile Riverine Force saved the Delta.  Two brigades were ultimately deployed to Hawaii as part of the U.S. withdrawal.  The 3rd Brigade stayed in Vietnam (and also fought in Cambodia) until October 1970.

15.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices.  Chapter 8 of this regulation states, in pertinent part, that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Table 8-55 lists all authorized Army badges and tabs. Table 8-55 does not list the Mobile Riverine Force Badge as an authorized badge. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably during the period 3 August 1967 through 1 August 1969.  He attained the rank of specialist four, received "excellent" conduct and efficiency ratings throughout his military service, and was awarded the Purple Heart.  Furthermore, his record is void of any derogatory information.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  General orders awarded the applicant’s unit the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  With respect to the applicant’s Mobile Riverine Force Badge, this badge appears to be an item of clothing of local design and unique to personnel who served with that particular force.  However, it is neither an approved Department of the Army badge nor authorized to be listed on the DD Form 214.

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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 August 1967 through 1 August 1969; and 

	b.  adding award of the Army Good Conduct Medal (1st Award), the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 Mobile Riverine Force Badge.


															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)                                         AR20080019776



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ABCMR Record of Proceedings (cont)                                         AR20080019776



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