IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090015172 


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 that he be awarded the Vietnamese Jump Wings and the Navy Presidential Unit Citation (PUC).

2.  The applicant states, in effect, that he was attached to the 4th Battalion, 503rd Parachute Infantry Regiment in Da Nang, South Vietnam and those awards were authorized subsequent to his discharge.  He goes on to state that his award of the Silver Star and the after action reports will confirm this information.

3.  The applicant provides no additional documents with his application.

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 enlisted in the Regular Army on 29 October 1965 for a period of 3 years under the Airborne enlistment option.  He completed his basic training and advanced individual training as a light weapons infantryman at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia to undergo airborne training.  Upon completion of his airborne training he was transferred to Vietnam on 9 May 1966 for assignment to Headquarters and Headquarters Company, 173rd Airborne Brigade (Separate), for duty as a military policeman (MP).  He served as an MP until 1 December 1966 until he was assigned as a squad leader in the same company.  

3.  A review of his official records shows that he was assigned to the same unit throughout his entire tour of duty in Vietnam and there is no evidence that he was attached to any other unit.  There is also no evidence that he attended Vietnamese Parachute Training or that he was awarded the Vietnamese Parachutist Badge by the former Republic of South Vietnam or that he was assigned to a unit that was awarded the Navy PUC.

4.  His records also show that he participated in a combat parachute jump against an armed hostile force on 22 February 1967 and that his unit was awarded assault landing credit.

5.  He was promoted to the rank of sergeant on 1 December 1967 and he departed Vietnam on 30 July 1968 for Fort Lewis, Washington.  On 2 August 1968, he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 2 years, 9 months and 4 days of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Silver Star, the Army Commendation Medal and the Parachutist Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  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.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military records.  The Vietnamese Parachute Badge was awarded by the former government of the Republic of South Vietnam for successful completion of the Vietnamese Parachute Training School.

7.  That regulation also provides that the arrowhead is a bronze replica of an Indian arrowhead.  It denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  It is worn on the service ribbon of the Asiatic-Pacific Campaign, European-African-Middle eastern Campaign, Korean Service Medal, Vietnam Service Medal and the Armed Forces Expeditionary Medal.  Additionally, a bronze service star is worn on the parachutist badge to denote participation in a combat parachute jump. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the PUC, the Meritorious Unit Commendation (MUC), and assault landing credit.  Additionally, he participated in five campaigns while in Vietnam and is entitled to wear one silver service star and an arrowhead device on his already-awarded VSM to denote his campaign participation and assault landing credit.

9.  On 22 February 1967, the 173rd Airborne Brigade (Separate) conducted Operation Junction City, the only combat parachute jump of the Vietnam War and was awarded assault credit for that operation in General Orders.  In order to be authorized the arrowhead device and bronze service star, individuals must provide evidence of participation in the assault landing.  Participation list were attached to the General orders at the time.  The applicant’s records contain a copy of the participation list with his name included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Vietnamese Parachutist Badge and the Navy PUC has been considered; however, he has failed to show through the evidence submitted with his application and the evidence of record that he successfully completed Vietnamese airborne training and was awarded the Vietnamese Parachutist Badge or that he is entitled to award of the Navy PUC.  Therefore, in the absence of such evidence there appears to be no basis to grant his request at this time.

2.  However, the evidence of record does show that he is entitled awards of the RVNGC w/Palm Unit Citation, the PUC, the MUC, and the arrowhead device to denote assault landing credit.  Additionally, he participated in a parachute  assault landing and five campaigns while in Vietnam and is entitled to wear one silver service star on his already awarded VSM to denote his campaign participation and an arrowhead device to denote assault landing credit as well as a bronze service star for wear on his parachutist badge..

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 awarding him the RVNGC w/Palm Unit Citation, the PUC, the MUC, the arrowhead device and one silver service star for wear on his already awarded VSM to denote assault landing credit and campaign participation and one bronze service star for wear on his 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 awards of the Vietnamese Parachutist Badge and Navy PUC.




      _______ _   _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)                                         AR20090015172



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ABCMR Record of Proceedings (cont)                                         AR20090015172



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