PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 July 2002                   
	DOCKET NUMBER:   AR2002071496

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 award of the Combat Action Ribbon.

3.  The applicant states he is eligible for award of the Combat Action Ribbon since he was attached to the Mobile Riverine Force during his tour in Vietnam.

4.  The applicant’s military records show that the applicant was inducted on 27 November 1967 and completed training as an infantryman.  He served as a member of Company C, 3d Battalion, 60th Infantry, 9th Infantry Division in Vietnam from 8 May 1968 to 7 May 1969.  He was honorably separated from active duty on 8 September 1969.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 September 1969 shows the following entries in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  Republic of Vietnam Service Medal; National Defense Service Medal; and Vietnam Service Medal with two Bronze Service Stars.  

6.  Item 24 of the applicant's DD Form 214 does not show the Combat Action Ribbon as an authorized award.

7.  The applicant's records contain a DD Form 215 (Correction of DD Form 214), dated 17 April 1995, which amended his DD Form 214, dated 8 September 1969, to show award of the Bronze Star Medal with "V" Device, the Purple Heart with Oak Leaf Cluster, the Air Medal with Numeral Three, the Army Commendation Medal (First Oak Leaf Cluster with "V" Device); and the Combat Infantryman Badge. 

8.  The applicant's DD Form 215 does not show the Combat Action Ribbon as an authorized award.

9.  The Board noted that the applicant is entitled to award of Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation that are not shown on his DD Form 214 or his DD Form 215.

10.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Secretary of the Navy authorized the Combat Action Ribbon 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 0-6 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.  This regulation also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon instead.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of Republic of Vietnam Campaign Medal with Device (1960).  This medal 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

12.  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 31, dated 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

CONCLUSIONS:

1.  The Board considered the applicant's contention that the he is entitled to the Combat Action Ribbon because he was attached to the Mobile Riverine Force during his service in Vietnam.  

2.  There is no evidence that the applicant served as a member of the U.S. Navy, the U.S. Marine Corps or the U.S. Coast Guard operating under the control of the U.S. Navy during his service in Vietnam.  Evidence of record shows the applicant served in the Army as a member of the 9th Infantry Division throughout his tour of duty in Vietnam.  

3.  Based on the foregoing, the Board determined that applicant was not eligible for award of the Combat Action Ribbon for his service in Vietnam because he was not a member 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.

4.  The applicant’s DD Form 214 incorrectly shows award of the Republic of Vietnam Service Medal and erroneously omits an award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to these awards.

5.  Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

6.  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:

	a.  deleting the entry, “Republic of Vietnam Service Medal” from the records of the individual concerned; and

	b.  showing he was awarded the Republic of Vietnam Campaign Medal with 1960 device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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

BOARD VOTE:  

___RVO     ___SK __  ___JPI__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071496	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.