IN THE CASE OF:	  

		BOARD DATE:	      8 OCTOBER 2009

		DOCKET NUMBER:  AR20090008433 


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 military records to show award of the Combat Infantryman Badge for his service in the Republic of Vietnam.  He also requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to add the Bronze Star Medal and the Republic of Vietnam Gallantry Cross.

2.  The applicant states that he was an infantryman and served in a hostile area in the Republic of Vietnam.  He contends that he was awarded the Bronze Star Medal and served as a District Senior Advisor involved in combat operations. 

3.  The applicant provides, in support of his application, copies of his orders and certificate for award of the Bronze Star Medal and a Vietnamese certificate for award of a Republic of Vietnam medal. 

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.  On 25 October 1966, the applicant enlisted in the Regular Army (RA) for
2 years.  He completed his initial training and he was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His MOS 11B was subsequently withdrawn and MOS 11F (Infantry Operations and Intelligence Specialist) was awarded as his primary MOS.

3.  On 12 March 1967, the applicant was enrolled in the Infantry Officer Candidate School.

4.  On 30 August 1967, the applicant was honorably discharged for the purpose of accepting a commission in the rank/grade of second lieutenant (2LT)/O-1, Infantry, U.S. Army Reserve (USAR) with immediate call to active duty.  He was subsequently assigned for duty in Panama.

5.  On 2 January 1970, the applicant departed Panama for duty in the Republic of Vietnam.  

6.  General Orders Number 20, Headquarters, United States Army Forces Southern Command, Fort Amador, Canal Zone, dated 29 January 1970, awarded the applicant the Army Commendation Medal for meritorious service during the period from September 1967 to January 1970.

7.  On 9 April 1970, the applicant was assigned to the U.S. Military Assistance Command, Vietnam (MACV) as a Mobile Advisory Team (MAT) Leader.  He served with MACV until his return to the United States.

8.  General Orders Number 4597, United States Military Assistance Command, Vietnam, dated 27 August 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period April 1970 to August 1970.

9.  The applicant has provided what appears to be an individual Vietnamese award certificate, dated 28 August 1970.  He has not provided an English translation or documentation showing proper authorization to accept this award.

10.  On 17 September 1970, the applicant was released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had attained the rank/grade of captain (CPT)/O-3, and he had completed a total of 3 years, 10 months, and 23 days of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, effective 
17 September 1970, lists his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], and the Expert [Marksmanship Qualification] Badge with Rifle and Pistol Bars.  It does not show award of the Combat Infantryman Badge.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods:  the Vietnam Winter-Spring 1970; Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the United States Military Assistance Command, Vietnam, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971,      for award of the Meritorious Unit Commendation.  

14.  MACV Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this directive listed advisor positions in MACV which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  Among these positions, “Senior Advisor, Mobile Advisory Team (includes assistant or deputy)” was listed.

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  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, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge.  He further requests that his DD Form 214 be updated to add the Bronze Star Medal and the Republic of Vietnam Gallantry Cross.

2.  The evidence shows that the applicant was assigned as a MAT Leader with MACV during his tenure in the Republic of Vietnam.  Based on his primary duties under the special provision for MACV advisors, he is entitled to award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and to have his records corrected to show this award.

3.  There is no available evidence of record and the applicant has not provided any evidence to show that he was authorized to accept an individual foreign award from the Republic of Vietnam.  Therefore, there is no basis for granting this portion of his requested relief.

4.  General orders show that the applicant was awarded the Bronze Star Medal and the Army Commendation Medal.  Therefore, his DD Form 214 for the period ending 17 September 1970 should be corrected to show these awards.

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

7.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

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 item 24 of his DD Form 214 for the period ending
17 September 1970 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 for the period ending 17 September 1970 the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 adding to his records an individual foreign award from the Republic of Vietnam.



      __________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)                                         AR20090008433



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ABCMR Record of Proceedings (cont)                                         AR20090008433



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