IN THE CASE OF: BOARD DATE: 4 October 2011 DOCKET NUMBER: AR20110004184 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 reconsideration of his request to add the Vietnamese Staff Service Medal-Second Class to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states the Vietnamese Staff Service Medal-Second Class should be added to his DD Form 214 because he was unaware he had been awarded this medal until he was offered the opportunity to request his records after they were copied onto microfiche. He became aware the Vietnamese Staff Service Medal-Second Class was awarded to him when he received his records. He was never presented with the award or the certificate before leaving Vietnam. By that time it was too late to comply with the provisions of Army Regulation 600-8-22 (Military Awards). He believes that if an award is being filed in his military personnel records, he should be entitled to its permanent wear. 3. The applicant provides a copy of the translated award order bearing the red stamp of the command indicating the command approved the translation. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100010909 on 25 January 2011. 2. The applicant, a retired first sergeant/E-8, served in Vietnam from 15 January 1966-1 May 1967 during his first enlistment and from 3 July 1970-28 May 1971 during his second enlistment. He reenlisted again in 1974 and retired in 1989. 3. During the original consideration of the applicant's request, the ABCMR considered the translated orders Number 353 by authority of the Commander of the Republic of Vietnam (RVN) Armed Forces I Corps and Military Region 1. These orders show the applicant was awarded the Vietnamese Staff Service Medal-Second Class on 3 July 1971 for exceptional professionalism and devotion to duty while assigned to XXIV Corps Headquarters (Forward) during period 1 February-3 April 1971. The orders were not translated until 20 February 1972 at which time the official commander's seal was applied over the XXIV Corps Senior Army of the RVN Liaison Officer's signature. 4. In the original consideration, the Board cited Army Regulation 600-8-22 pertaining to accepting and wearing foreign military badges and awards. Paragraph 9-25 states that 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 acceptance, retention, and permanent wear of foreign decorations and badges. 5. The current version of Army Regulation 600-8-22 added a table E-1 (Foreign Decorations). This table includes the Vietnamese Staff Service Medal among the list of authorized awards. A note explains that any authorized award may be accepted and retained, but those that are purely honorary may not be worn. The fact that many Vietnamese awards were awarded to officers in the first class and to enlisted personnel in the second class is not explained. First and second class levels of the same decoration typically had slightly different color schemes. DISCUSSION AND CONCLUSIONS: 1. The Vietnamese Staff Service Medal-Second Class is not shown on his DD Form 214 because he did not receive it before he left the RVN. 2. The available evidence shows the applicant left the RVN on 28 May 1971. The Vietnamese Staff Service Medal-Second Class was awarded to him on 3 July 1971, but the orders were not translated and it was not approved until 20 February 1972. Given these circumstances it is remarkable that a copy of the translated award orders is even in his record. 3. The award is on the approved list for acceptance and retention. The award was for the applicant's "exceptional professionalism and devotion to duty" and clearly was not simply honorary and could be permanently worn. 4. The Vietnamese Staff Service Medal-Second Class should be added to the applicant's last DD Form 214. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100010909, dated 25 January 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnamese Staff Service Medal-Second Class to the awards listed on his last DD Form 214. ____________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) AR20110004184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1