IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100001259 


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 four separate applications, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to add the Air Assault Badge, Special Forces Tab, retroactive award of the Noncommissioned Officer Professional Development Ribbon, and reissue of the Republic of Vietnam Cross of Gallantry with Palm.  

2.  The applicant states, in effect, that he was discharged from the Army before the Air Assault Badge was issued.  He believes the badge can be retroactively awarded to veterans of the Vietnam War who engaged in air assault missions.  He adds that he is an active member in veterans' activities and would like this award added to his records.

3.  The applicant contends that his records have been under review since 19 July 2007 for award of the Special Forces Tab.  He has been unable to make this request until now and would like the Board to use his orders as evidence in granting this request.  

4.  The applicant believes, in effect, that the Noncommissioned Officer Professional Development Ribbon can be retroactively awarded to veterans of the Army who completed a noncommissioned officer (NCO) leadership course prior to its inception.  He adds that he is an active member in veterans' activities and would like this award added to his records.

5.  The applicant requests that the Republic of Vietnam Cross of Gallantry with Palm be reissued.  He contends that when his DD Form 214 was first amended to add the Purple Heart and campaign stars to his Vietnam Service Medal, the award was mistakenly deleted.  He states that he requested in a previous application to have this award added back to his DD Form 214, but instead it was replaced with Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He believes that this is a different award which was issued at a different time than the one he was awarded in 1969.

6.  The applicant provides the following:

* Permanent Orders 200-3 dated 19 July 2007, U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS), awarding the applicant the Special Forces tab
* A copy of a page from the Veteran Medals website pertaining to the Special Forces Tab
* A copy of a page from the Military Memories website pertaining to the Army Air Assault Badge
* A copy of a graduation certificate, dated 30 January 1970, for completion of the NCO Leadership School
* A copy of General Orders (GO) Number 59, dated 25 September 1969, Headquarters Department of the Army (HQDA) for award of the Vietnamese Cross of Gallantry with Palm
* A copy of a page from the Global Security website pertaining to unit awards for the 5th Special Forces Group (Airborne)
* A copy of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 13 August 1970
* A copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* A copy of his reissued DD Form 214, dated 18 March 2009

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 records show that he enlisted in the Regular Army on 
14 August 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and was later awarded MOS 11B (Light Weapons Infantryman).  After completing airborne training, he served his first permanent duty assignment at Fort Bragg, North Carolina.  He served a tour of duty in Vietnam with the Special Operations Augmentation, Command and Control, 5th Special Forces Group during the period 5 October 1968 through 25 February 1969.  He was honorably released from active duty (REFRAD) on 13 August 1970 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

3.  The applicant's original award of the Vietnam Cross of Gallantry with Palm was issued as a unit award and is shown on his DD Form 214, dated 13 August 1970.  This award was erroneously deleted by his DD Form 215, dated             21 August 2007.  A new DD Form 214 was issued on 18 March 2009.  The new DD Form 214 voided the previously-issued DD Form 214 and DD Form 215 and showed that the applicant was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.  

4.  A brief history of the "Vietnam Cross of Gallantry with Palm," also known as the "Vietnamese Cross of Gallantry with Palm," states that it was a military decoration of South Vietnam which was established in August 1950.  It was originally awarded to any military personnel who accomplished deeds of valor or displayed heroic conduct while fighting an enemy force.  The "Vietnam Gallantry Cross with Palm Unit Citation" was also issued as a unit award.  The unit citation award was created in 1968 and was issued as the Gallantry Cross ribbon, with a metal palm device.  

5.  The applicant provides a copy of Permanent Orders 200-3, which award him the Special Forces Tab for completing the Special Forces Qualification Course on 23 February 1969.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides that any person meeting one of the criteria below may be awarded the Special Forces Tab for successful completion of the USAJFKSWCS approved Active Army (AA) institutional training leading to Special Forces qualification.
   
7.  Army Regulation 600-8-22 further states that the USAJFKSWCS will determine individual entitlement to award of the Special Forces Tab based upon historical review of regulations prescribing Special Forces qualification requirements in effect at the time the individual began a unit administered Special Forces qualification program.  The Special Forces Tab may be awarded retroactively to all personnel who from 1942 through 1973 served with a Special Forces unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded SQI "S," "3," or "5G" by competent authority. 

8.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an Air Assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no retroactive date for this badge.   

9.  Army Regulation 600-8-22 states that the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all Active Army, Army National Guard, and USAR Soldiers in an active status are eligible for this award for successful completion of designated NCO professional development courses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records by adding the Air Assault Badge, the Special Forces Tab, the Noncommissioned Officer Professional Development Ribbon, and reissue of the Vietnam Cross of Gallantry with Palm was carefully considered.

2.  The evidence indicates that the applicant is entitled to the Special Forces Tab. Therefore, his DD Form 214 should be corrected to include this award. 

3.  The applicant's unit was originally awarded the Vietnam Cross of Gallantry with Palm in accordance with GO Number 59, dated 25 September 1969.  The award was erroneously deleted by his DD Form 215, dated 21 August 2007 for no apparent reason.  A new DD Form 214 was issued and the Republic of Vietnam Gallantry Cross with Palm Unit Citation was reissued based on DAGO Number 8, dated 1974.  Although this award was renamed by the U.S. Army in 1968, it is the same unit award as the original and holds the same level of prestige and honor.  Therefore, his DD Form 214 which was reissued on 
18 March 2009 correctly shows the "Republic of Vietnam Gallantry Cross with Palm Unit Citation."  Therefore; there is no basis to amend his DD Form 214.  In addition, as it is a foreign unit award, the Army cannot issue this unit award.

4.  The applicant was separated from active duty before 1 April 1974.  There is no retroactive date for award of the Air Assault Badge.  Therefore, there is no basis for granting the applicant's request. 

5.  The NCO Professional Development Ribbon was established on 10 April 1981. It is awarded to Soldiers for successful completion of designated NCO professional development courses.  Since the applicant did not have an active status on or after 1 August 1981, he is not eligible for this 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 awarding him the Special Forces Tab and adding it to item 13 of his DD Form 214.    

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 the Air Assault Badge, the NCO Professional Development Ribbon and the "Vietnam Cross of Gallantry with Palm" to his DD Form 214. 




      _______ _   __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)                                         AR20100001259





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ABCMR Record of Proceedings (cont)                                         AR20100001259



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