IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120004659 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, the Air Medal, Vietnamese Parachutist Badge, Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states that he served with a unit of the 173rd Airborne Brigade from 5 May 65 to 16 April 1966 and made five parachute jumps in country and should have been awarded the Vietnamese Parachutist Wings.  He further states that when he returned home he suffered from post-traumatic stress disorder and just wanted to forget everything.  He also states that he now has cancer that came from Agent Orange and he needs his records corrected to help support his case.

3.  The applicant provides copies of his DD Form 214 and DA Form 20 (Enlisted Qualification Record), and copies of internet printouts regarding his unit’s history and operations.

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 under the airborne training option on 3 March 1964 for a period of 3 years.  He completed his basic training at Fort Leonard Wood, Missouri, his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, and his airborne training at Fort Benning, Georgia before being transferred to Okinawa on 17 September 1964 for assignment to Headquarters and Headquarters Company, 1st Battalion (Airborne), 503rd Infantry Regiment.  

3.  On 5 May 1965, he was transferred to Vietnam with his unit and served in two campaigns in Vietnam until 16 April 1966 when he was transferred to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on 2 March 1967 due to the expiration of his term of service (ETS).  He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, and National Defense Service Medal.

4.  A review of his official records failed to show any evidence of the applicant being awarded the Vietnamese Parachute Badge by the government of the Republic of South Vietnam or of such an award being approved for acceptance and wear by the Department of the Army.  Additionally, there is no evidence of the applicant being awarded the Air Medal and no indication of any flights recorded in those records.

5.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  



6.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, the PUC, and the MUC.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

10.  Army Regulation 672-5-1 (Military Awards) in effect at the time states in pertinent part, that all foreign decorations, service medals, and badges required Headquarters, Department of the Army approval for the acceptance, retention, and permanent wear of foreign badges listed in this regulation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a year in Vietnam during two campaigns and thus is entitled to wear the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, his      DD Form 214 should be corrected to reflect those awards.  

2.  Additionally, the applicant’s unit was awarded the RVNGC with Palm Unit Citation, the PUC, and the MUC during the time he served with the unit and is entitled to have those awards added to his DD Form 214.



3.  However, there is no evidence in the available records and the applicant has failed to provide evidence showing that he was recommended for or met the requirements for award of the Air Medal.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to award him the Air Medal at this time.

4.  The applicant’s contention that he should be awarded the Vietnamese Parachute Badge has been noted.  That badge was only authorized for award by the then Republic of Vietnam government and was not then nor is it now authorized to be awarded by the U.S. government.  The Department of the Army could only authorize acceptance and wear of the badge after it had been awarded by the Vietnamese government.  Accordingly, there is no basis to grant his request for award of that 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:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the PUC, and the MUC to 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 awarding him the Air Medal and the Vietnamese Parachutist Badge.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _   _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)                                         AR20120004659





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ABCMR Record of Proceedings (cont)                                         AR20120004659



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