ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 January 2020 DOCKET NUMBER: AR20190007856 APPLICANT REQUESTS: in effect, correction of his 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards and a letter of commendation: * Combat Infantryman Badge (CIB) * Republic of Vietnam Cross of Gallantry Medal with silver star * Republic of Vietnam Staff Service Medal, First Class * Letter of Commendation, United States "Backseat" for Nighthawk Helicopter Package APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 110 dated 20 April 1971, CIB * MACV Form 282-R (Recommendation for Decoration for Valor) dated 6 November 1971, for Republic of Vietnam Cross of Gallantry Medal with silver star * Army Chief of Staff, Armed Forces of the Republic of Vietnam, Order Number 296 (with English translation from Vietnamese) * Republic of Vietnam Staff Service Medal information sheet * MACV Form 284-R (Recommendation for Decoration for Merit) dated 6 November 1971 (with English translation from Vietnamese) * Army Chief of Staff, Armed Forces of the Republic of Vietnam, Order Number 177 (with English translation from Vietnamese) * Republic of Vietnam Gallantry Cross Medal with silver star information sheet * Letter of Commendation from Advisory Team 75 (7th Division), Delta Regional Assistance Command, dated 31 July 1971 * DD Form 214 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant entered active duty from the United States Army Reserve (USAR) on 9 November 1968 as a commissioned officer. 3. The applicant was promoted to the rank of captain/pay grade O-3 in the USAR on 7 November 1970. 4. He served in the Republic of Vietnam from 16 November 1970 to 15 December 1971 with a subordinate element of the U.S. Military Assistance Command, Vietnam (MACV). 5. On 19 December 1971 the applicant was honorably released from active duty and simultaneously transferred to the USAR Control Group (Reinforcement). He was issued a DD Form 214 documenting his active duty service of 3 years, 1 month and 11 days. At the time of his release he was a captain with a date of rank of 7 November 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following entries: National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal with Device (1960). 6. The applicant’s available military personnel record from the National Archives and Records Administration did not contain award orders, letter(s) authorizing him to wear foreign awards, or his DA Form 66 (Officer Qualification Record). The source document available from his official military personnel record was his 1971 DD Form 214. 7. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and failed to locate any award orders pertaining to the applicant. 8. The applicant provides the following evidence for the Board’s consideration. a. Special Orders Number 110, dated 20 April 1971, awarding him the CIB issued by MACV. (No further consideration by this Board for this portion of his request is required.) b. A MACV Form 282-R, dated 6 November 1971, showing the applicant was recommended by the Armed Forces of the Republic of Vietnam for the Vietnamese Cross of Gallantry Medal with silver star for the dates of action from 20 August to 31 August 1971 while he was assigned to Advisory Team 75, MACV. This form indicates he was not recommended for a United States award of valor. There is a Vietnamese order, Order Number 296, and its translation is attached to his award recommendation. He was cited for being in contact with the enemy while assisting his commander by guiding United States armed helicopters to the enemy contact location who then provided direct fire support. He did this without regard for his own safety. The translated Republic of Vietnam order is authenticated by the translator and a U.S. Army captain serving as the Adjutant, Advisory Team 75. c. An information sheet from an unknown source states the Republic of Vietnam Gallantry Cross Medal with silver star is a South Vietnam individual medal recognizing valor and gallantry while serving in active combat against enemy forces. It was issued in four degrees with the silver star indicating a division citation. d. A MAVC Form 284-R, dated 6 November 1971, showing the applicant was recommended by the Armed Forces of the Republic of Vietnam for the Vietnamese Staff Service Medal, First Class, for his period of service from 17 November 1970 to 15 December 1971. This form further shows he was not recommended for a United States award for service for this period. There is a Vietnamese order, Order Number 177, and its translation is attached to the award recommendation. He was cited for being an outstanding Allied officer with great staff experience who devotedly assisted all Republic of Vietnam units with their operational plans, communications for requesting air support, resupply missions, and medical evacuation of personnel attaining excellent results for the units. The translated Republic of Vietnam order is authenticated by the translator and a U.S. Army captain serving as the Adjutant, Advisory Team 75. e. A second information sheet from an unknown source states the Republic of Vietnam Staff Service Medal was a military award of South Vietnam. It was awarded for outstanding initiative and devotion to duty while serving in a staff position. This award could be awarded to both officers and enlisted personnel who had served at least 6 months on military staff. f. On 31 July 1971 the commander (in the rank of colonel) of Advisory Team 75 (7th Division), Delta Regional Assistance Command wrote the applicant a letter of commendation. He stated the applicant volunteered to fly nightly missions during the period from 2 July through 16 July 1971. The applicant demonstrated initiative, keen interest, willingness to accept responsibility and the ability to adapt to varying night situations. He expertly used night surveillance assets and the capability of armed helicopters to assist offensive campaigns. By his performance he earned the confidence of the air mission commanders and ground commanders of the Vietnamese counterparts. The colonel said he would place a copy of his letter in the applicant’s official records. BOARD DISCUSSION: 1. The Board concurred with the corrections identified in Administrative Note(s) below. 2. Regarding the Vietnamese Staff Service Medal, First Class, and the Republic of Vietnam Gallantry Cross Medal with silver star, the Board agreed that a preponderance of the evidence confirms he received these awards and they should be recorded on his DD Form 214. 3. The Board noted that letters of commendation and similar forms of recognition that are not associated with a decoration worn on a Soldier's uniform are not listed on the DD Form 214 and determined that there is no error or injustice in the fact that his letter of commendation was not recorded on his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, in addition to the corrections identified in Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 19 December 1971 the Vietnamese Staff Service Medal, First Class, and the Republic of Vietnam Gallantry Cross Medal with silver star. 2. The Board further determined 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 adding a letter of commendation to his DD Form 214. 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. ADMINISTRATIVE NOTE(S): 1. In accordance with Army Regulation 600-8-22 (Military Awards) and a review of the applicant’s Republic of Vietnam foreign service tour dates, he is authorized three bronze service stars to be affixed to his previously awarded Vietnam Service Medal for the following three named campaigns: * Vietnam Counteroffensive, Phase VII (1 July 1970 thru 30 June 1971) * Consolidation I (1 July 1971 thru 30 November 1971) * Consolidation II (1 December 1971 thru 29 March 1972) 2. Special Orders Number 110, dated 20 April 1971, awarded him the CIB. Therefore, he is entitled to have this award added to his 19 December 1971 DD Form 214. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. Therefore, the applicant is entitled to have this award administratively added to his 19 December 1971 DD Form 214. REFERENCES: 1. Title 10, USC, 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 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. 2. Headquarters, U.S. Army Vietnam Regulation 672-2 (Foreign Awards and Decorations), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit awards assigned or attached to U.S. Army Vietnam. a. The Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of the United States Army Vietnam. As with all foreign awards, each recipient of an approved award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. b. All decorations and awards presented by the Government of the Republic of Vietnam or other Free World Forces will be processed and reviewed by Headquarters, United States Army Vietnam to insure that the act, achievement, or service merits the recognition inherent in the decoration or award. Foreign awards offered to United States armed forces personnel will be approved only when the awarding nation's standards for the award have been equaled or surpassed. 3. Headquarters, U.S. Army Military Assistance Command Vietnam Directive Number 672-1 (Decorations, Awards and Honors, Military Decorations) prescribed policies governing the awards of military decorations to members of the United States forces and other Free World Forces serving in the Republic of Vietnam. It also prescribed the procedures for the submission and processing of recommendations for awards. 4. Army Regulation 600-8-22 (Military Awards) states commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel- level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges identified in this regulation. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient. 5. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 672-1 (Decorations and Awards). It gives the order of precedence for awards and decorations. Only decorations, medals, and service ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007856 4 1