IN THE CASE OF:	

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100010699 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to include eight missing awards.

2.  The applicant states he is entitled to the following awards which are not included on his DD Form 214 or DA Form 20 (Enlisted Qualification Record) for the service indicated:

	a.  the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation, and the Presidential Unit Citation (PUC), which are unit awards earned during his service in Vietnam with the 5th Special Forces Group from 1968 to 1969;

	b.  the RVNGC and RVNCAHM, two additional individual awards that he earned for his service in Vietnam from 1968 to 1969; and

	c.  the Cold War Medal and German Armed Forces Parachutist Badge for his service in Germany with the 17th Infantry (Long Range Patrol (LRP)) from 1967 to 1969.

3.  The applicant provides the following:

* 
self-authored statement
* DD Form 214
* DA Form 20

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 record shows he enlisted in the Regular Army on 28 April 1967.  He was trained in and awarded military occupational specialty 05B (Radio Operator).  He was honorably discharged on 22 May 1968 for the purpose of immediate reenlistment.  The DD Form 214 issued at that time shows he completed 1 year and 25 days active military service and he earned the National Defense Service Medal (NDSM) and the Parachutist Badge.  On 23 May 1968, the applicant reenlisted.

3.  On 21 May 1971, the applicant was honorably released from active duty after completing a total of 4 years and 24 days of active military service.  The DD Form 214 he was issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the following awards:

* Vietnam Service Medal with four bronze service stars
* Army Commendation Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Parachutist Badge

4.  The applicant's DA Form 20 shows he served in Germany with the 17th Infantry Regiment (LRP) from 10 October 1967 to 31 May 1968 and in the Republic of Vietnam (RVN) with the 5th Special Forces Group from 3 August 1968 to 28 July 1969.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings in each of his active duty assignments.

5.  The applicant's official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  There are no orders or any other documents on file in the applicant's OMPF to show he was ever recommended for or awarded the German Armed Forces Parachutist Badge.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 provides the policy for award of the AGCM.  It states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

8.  Paragraph 9-26 of Army Regulation 600-8-22 provides for foreign badges.  It states that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded the badge.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (5th Special Forces Group) earned the MUC, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation.  It also shows the applicant's unit earned the PUC for service in the RVN from 1 November 1966 to 31 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to eight additional awards not currently shown on his DD Form 214 and DA Form 20.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 28 April 1967 through 27 April 1970 and to add this award to his record and DD Form 214.

3.  The evidence of record confirms that based on the applicant's RVN service with his unit, he is entitled to the MUC, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

4.  Army Pamphlet 672-3 confirms the applicant's unit was awarded the PUC for service in the RVN from 1 November 1966 to 31 January 1968.  However, the evidence of record confirms the applicant served with the 5th Special Forces Group from 3 August 1968 to 28 July 1969, after the qualifying period his unit was awarded the PUC.  Thus, he is not authorized to permanently wear this unit award.

5.  There is no evidence of record showing the Republic of Vietnam awarded individual decorations of the RVNGC or RVNCAHM to the applicant.  Furthermore, there is no evidence showing that had either of these awards been made, that the United States Government authorized the applicant to accept and wear them.  Therefore, the applicant's request for these two individual foreign awards should be denied.

6.  The evidence of record fails to include any orders or other documents and the applicant failed to submit any documents to show he was ever recommended for or awarded the German Armed Forces Parachutist Badge while serving on active duty.  By regulation, the burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.  Thus, there is no basis upon which to grant this portion of requested relief.

7.  The applicant is advised that the Cold War Medal was inspired by the Cold War Recognition Certificate created by section 1084 of Public Law 105-85, approved on 18 November 1987 (National Defense Authorization Act for Fiscal Year 1998).  This certificate recognizes "members of the Armed Forces and civilian personnel of the Government who served the United States during the Cold War."  All eligible personnel must apply for the certificate on their own behalf.  The Department of the Army is the Executive Agent for processing all applications.  The applicant may submit his request for this award to the Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  HRC-CWRS, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY  40122-5100.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  _____X__  ___X____  GRANT PARTIAL 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 AGCM for his qualifying period of honorable service from 28 April 1967 through 27 April 1971;

	b.  amending item 24 of his 21 May 1971 DD Form 214 by adding the AGCM, MUC, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation; and

	c.  providing the applicant with a correction to his DD Form 214 that reflects these changes.

2.  The Board further determined 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 the Presidential Unit Citation, individual 

award of the RVNGC, individual award of the RVNCAHM, Cold War Medal, and German Armed Forces Parachutist Badge.



      ____________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)                                         AR20100010699



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ABCMR Record of Proceedings (cont)                                         AR20100010699



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