PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2001 
	DOCKET NUMBER:   AR2000049098

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his military records to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Distinguished Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, the Outstanding Volunteer Service Medal (correctly known as the Military Outstanding Volunteer Service Medal), the “Arctic Medal”, the Combat Action Medal (correctly known as the Combat Action Ribbon), the Army Service Medal (correctly known as the Army Service Ribbon), the Army Overseas Medal (correctly known as the Overseas Service Bar), the Expert Machinegun Badge (correctly known as the Expert Marksmanship Qualification Badge with Machinegun Bar), the Marksman Pistol Badge (correctly known as the Marksman Marksmanship Qualification Badge with Pistol Bar), the North Atlantic Treaty Organization (NATO) Medal, one award of the “Combat Bar”, the Vietnam Campaign Medal (VCM), and the “Long Range Reconnaissance Patrol Tab” or the Ranger Tab.    

3.  The applicant also requests award of the Bronze Star Medal, the issuance of an unspecified commemorative Vietnam medal and an award of the Cold War Recognition Certificate.  These issues have been addressed in separate correspondence to the applicant.  Therefore, these portions of the applicant’s requests will not be discussed further in these Proceedings.

4.  Army Regulation 600-8-22 (Military Awards) does not show the “Arctic Medal”, “Combat Bar” or “Long Range Reconnaissance Patrol Tab” as authorized awards.  Therefore, these portions of the applicant’s requests will not be discussed further in these Proceedings.

5.  The applicant states, in effect, that his awards and decorations on his discharge document are incorrect.  In support of his application, he submits a letter of explanation dated 10 May 2000; a document titled “Military History”; an award certificate for completion of MACV Recondo School; copies of newspaper articles; photographs; a copy of his DD Form 214 (Report of Transfer or Discharge); and a roster of the Long Range Reconnaissance Patrol/Rangers of the 1st Cavalry Division during the Vietnam War.   

6.  The applicant’s military records show that he enlisted on 30 April 1965 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from
19 February 1967 to 8 February 1968 and was honorably released on 
10 February 1968.

7.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Distinguished Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, the Military Outstanding Volunteer Service Medal, the Combat Action Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Machinegun Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, the NATO Medal or the Ranger Tab as authorized awards.  However, the Board notes that the DD Form 214 does show the Vietnam Service Medal as an authorized award.  

8.  The Board also notes that the VCM and two Overseas Service Bars are shown on the applicant’s DD Form 214 as authorized awards.  Therefore, these portions of the applicant’s requests will not be discussed further in these Proceedings.       
   
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 70, dated 1969.  There is no evidence the applicant’s unit was cited for any subsequent awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  There is no evidence in the applicant’s personnel records which shows that his unit was cited for the Distinguished Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment in Vietnam.

11.  The applicant’s records show that he served in Vietnam from 19 February 1967 to 8 February 1968 and participated in three campaigns (Vietnam Counteroffensive Phase II, 1 July 1966 to 31 May 1967; Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968; and Tet Counteroffensive, 30 January 1967 to 1 April 1968).

12.  There is no evidence the applicant was awarded the Military Outstanding Volunteer Service Medal, the Combat Action Ribbon, the Army Service Ribbon or otherwise met the qualifications for these awards.  

13.  There is no evidence the applicant was awarded or qualified for the Expert Marksmanship Qualification Badge with Machinegun Bar or the Marksman Marksmanship Qualification Badge with Pistol Bar.  Item 29 (Qualification in Arms) on his DA Form 20 (Enlisted Qualification Record) does not show entitlement to these badges.

14.  There is no evidence in the applicant’s records which shows that he participated in an authorized NATO operation.

15.  There are no orders for the Ranger Tab in the applicant’s records.  There is no evidence in his records which shows that he completed a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.
16.  The Board noted the applicant’s submission of his certificate for successful completion of MACV [Military Assistance Command, Vietnam] Recondo School.  However, Recondo, Raider and Jungle Warfare Training Courses are conducted throughout the Army as local training courses in combat skills.  The badges awarded upon completion of these courses are awarded in accordance with local policies governing these training courses.   These badges are not governed by the Department of the Army awards regulation and, as a result, they are not annotated on the DD Form 214.  In accordance with Army Regulation 635-5, which governs preparation of separation documents, Recondo, Raider and Jungle Operations Training Courses are not entered under education and training of the DD Form 214 because training course for combat skills are not listed on the DD Form 214.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, Company C, lst Battalion, 7th Cavalry, lst Cavalry Division, was cited for award of the Valorous Unit Award for actions on 1-31 October 1967 by Department of the Army General Orders Number 39, dated 1970.  This award is not shown on his discharge document.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government for meritorious service.

20.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  It also states that authorized bronze service stars will be worn on the appropriate service medal which includes the Vietnam Service Medal.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature.

22.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia
(1 March 1961 and ending with Operation Desert Storm in 1991).

23.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

25.  The North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who served under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from
1 July 1992 through a date to be determined.

26.  Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Ranger Tab.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

CONCLUSIONS:

1.  Notwithstanding the applicant’s contention that he is entitled to three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, evidence of record shows that he is only entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his military records to show one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that his unit was cited for the Distinguished Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment in Vietnam.  Therefore, he is not entitled to correction of his military records to show these awards.  

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The Board considered the applicant’s contention that he is entitled to the Military Outstanding Volunteer Service Medal.  However, there is no evidence of record which shows the applicant was recommended for this award or was eligible for this award based on performance of outstanding volunteer community service of a sustained, direct and consequential nature, subsequent to
31 December 1992, while a member of the Armed Forces.  Therefore, he is not entitled to the Military Outstanding Volunteer Service Medal. 

5.  The Board noted the applicant’s request for award of the Combat Action Ribbon.  However, this award is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard, operating under the control of the U.S. Navy, who have actively participated in ground or surface combat.  There is no evidence the applicant met the criteria for this ribbon.  Therefore, the applicant is not entitled to the Combat Action Ribbon.   

6.  Although the applicant contends that he is entitled to the Army Service Ribbon, there is no evidence of record that he had an Active Army status on or after 1 August 1981.  Therefore, he is not entitled to the Army Service Ribbon.

7.  Notwithstanding the applicant’s contention that he is entitled to the Expert Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was awarded or otherwise qualified for these badges.  Therefore, he is not entitled to correction of his military records to show these badges. 

8.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he participated in a NATO operation.  Therefore, the applicant is not entitled to correction of his military records to show award of the NATO Medal.

9.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows that he completed a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  Therefore, he is not entitled to the Ranger Tab.

10.  The applicant’s unit received the Valorous Unit Award during his assignment in Vietnam.  Therefore, he is entitled to correction of his military records to show this award.

11.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with three bronze service stars and the Valorous Unit Award.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

LLS____  WTM____  TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049098	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680210	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0094	
2.	107.0073	
3.	107.0033	
4.	107.0000	
5.		
6.