IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120002813


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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Republic of Vietnam Wound Medal
* Presidential Unit Citation
* Air Assault Badge

2.  The applicant states:

* his country called and he went and did the job he was asked to do – he didn't run to Canada or stay in school for a deferment
* the 1st Cavalry Division never lost a battle, but he lost a lot of good friends and a lot of Soldiers were wounded
* all he wants is what he fought for
* he was awarded the Air Medal and he made at least 100 combat air assaults – around 85 percent were into "hot" landing zones
* the fact he wasn't awarded the Air Assault Badge makes no sense
* he and his unit trained at Fort Polk, LA, learning how to load and unload helicopters for air assault missions – after being assigned to the 1st Cavalry Division, they trained more before going into the jungle
* he earned his wings
3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 29 August 1989
* letter, 1st Cavalry Division Association, dated 19 February 1986
* newspaper article, dated 9 November 1966
* newspaper article, undated
* an extract of a morning report from 13 February 1967

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 requested correction of his DD Form 214 to show the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal.  On 27 March 2012, a DD Form 215 (Correction to DD Form 214) was issued adding these awards to his DD Form 214 for the period ending 26 December 1967.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the aforementioned DD Form 215 will be provided with these Proceedings.

3.  The applicant was inducted into the Army of the United States on 4 February 1966.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  His records show he served in the Republic of Vietnam from on or about 18 July 1966 to on or about 17 July 1967.  During this period of service he was assigned to Company A, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division.

5.  On 26 December 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 10 months, and 23 days of net service during this period of active duty, including 1 year of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.  Additionally, his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), commonly referred to as the Vietnam Campaign Medal
* Combat Infantryman Badge

6.  On 29 August 1989, a DD Form 215 was issued that corrected his original DD Form 214; specifically, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized), by adding the:

* Air Medal
* Army Commendation Medal
* Purple Heart

7.  On 27 March 2012, a second DD Form 215 was issued that further corrected his original DD Form 214; specifically, item 24, by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal
* Vietnam Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

8.  There is no documentation in his available records that indicates he was previously awarded or authorized the Presidential Unit Citation or Air Assault Badge. 

9.  He provides a letter from the 1st Cavalry Division Association that details unit awards he may be entitled to, newspaper articles detailing his service in the Republic of Vietnam and his award of the Purple Heart, and an extract of a morning report from 13 February 1967, on which he placed hand-written comments regarding his thoughts on the battle that occurred on 12 February 1967.

10.  The Republic of Vietnam Wound Medal was a military decoration of the Republic of Vietnam first created in 1950.  The decoration was the South Vietnamese equivalent of the Purple Heart, awarded to South Vietnamese military personnel who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action.  The decoration was seldom bestowed upon members of allied militaries, such as the U.S. military, and then only if the allied Soldier in question was attached and under the direct command of a unit of the Republic of Vietnam.  The Republic of Vietnam Wound Medal is not authorized to U.S. service members for wear on a military uniform, as it is the foreign equivalent to the Purple Heart medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam, including the 2nd Battalion, 5th Cavalry Regiment.  This pamphlet shows the 2nd Battalion, 5th Cavalry Regiment received the Presidential Unit Citation, for the period 23 October 1965 through 26 November 1965, by Department of the Army General Orders Number 40, dated 1967.

12.  Army Regulation 600-8-22 (Military Awards) states 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.

13.  According to the U.S. Army Institute of Heraldry, the Air Assault Badge was approved by the Chief of Staff of the Army on 18 January 1978 for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.  The badge had previously been approved as the Airmobile Badge, authorized for local wear by the Commander of the 101st Airborne Division effective 1 April 1974.  In 1963, the Commanding General of the 11th Air Assault Division (Test) designed the original Air Assault Badge, but it was never approved by the Army.  In 1965, the Air Assault Badge was worn in the 1st Cavalry Division by former members of the 11th Air Assault Division (Test), and later in the 101st Airborne Division (Airmobile) in Vietnam as the Airmobile Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was previously awarded the Purple Heart.  The Republic of Vietnam Wound Medal is not authorized to U.S. personnel because it is the equivalent of the Purple Heart; therefore, he is not entitled to this award, or to correction of his DD Form 214 to show it.
2.  He contends he received the Presidential Unit Citation during his service in the Republic of Vietnam.  The evidence of record shows he served in the Republic of Vietnam from on or about 18 July 1966 to on or about 17 July 1967, during which time he was assigned to Company A, 2nd Battalion, 5th Cavalry Regiment.  The 2nd Battalion, 5th Cavalry Regiment was awarded the Presidential Unit Citation for service in the Republic of Vietnam during the period 23 October 1965 through 26 November 1965.  This period is prior to the applicant's date of assignment; therefore, he was not authorized to permanently wear the Presidential Unit Citation and he is not entitled to correction of his DD Form 214 to show it.

3.  He contends he should be awarded the Air Assault Badge for the combat air assault he made while in the Republic of Vietnam.  The Air Assault Badge was not officially approved for award to Army personnel until recognized by the Army on 18 January 1978, for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.  The applicant did not complete Air Assault training after 1 April 1974; therefore, he is not entitled to this award, or to correction of his DD Form 214 to show it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120002813



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