RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070010364 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Citation (Individual) and the Korea Defense Service Medal.

2.  The applicant states that he was awarded the Republic of Vietnam with Palm Citation as an "Individual" foreign award and that it was not shown on his records due to an administrative oversight.  Additionally, he states that he served in Korea during the period 16 December 1983 through 28 February 1984 and that the Korea Defense Service Medal was authorized in 2003 after his retirement from the Army in 1995.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 September 1995.

	b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 November 1967.

	c.  Headquarters, United States Army Vietnam, Memorandum, dated 27 February 1968, titled: Authorization for Individual Foreign Award.

	d.  Headquarters, United States Army Vietnam, General Orders Number 6951, dated 19 September 1966, Award of the Distinguished Service Cross.

	e.  Computer printout, dated 14 July 2007, showing the criteria for award of the Republic of Vietnam Gallantry Cross.

	f.  Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, Orders Number 217-56, dated 1 November 1983, applicant's assignment orders from Fort Lewis, Washington, to Korea.

	g.  DD Form 1351-2 (Travel Voucher or Sub-voucher), dated 7 December 1983.

	h.  United States Army Community Hospital Seoul, Orders Number 20-1 and 20-2, dated 17 February 1984, applicant's assignment orders from unit of assignment to the Medical Holding Company, to Fort Belvoir, Virginia.

	i.  Section VII (Current and Previous Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record).

	j.  Computer printout, dated 14 July 2007, showing the criteria for award of the Korea Defense service Medal.

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 was initially enlisted in the Regular Army in 1959 and served in military occupational specialty (MOS) 11B (Infantryman) and 97B (Counterintelligence Agent), until he retired as a sergeant first class (SFC)/E-7 on 1 October 1995.

3.  The applicant's records show that he served in the Republic of Vietnam during the period June 1965 to February 1966 and April 1966 to April 1967.

4.  On 27 February 1968, Headquarters, United States Army Vietnam, published a memorandum authorizing the applicant an individual foreign award.  The memorandum reads:

	"The Commanding General, United States Army Vietnam, 
	Under the provisions of Army Regulation 672-5-1 (Military
	Awards), accepts, and approves the following award presented
	to you by the Republic of South Vietnam:  Gallantry Cross with
	Palm for heroic actions on 8 November 1966."

5.  The applicant's DD Form 214, dated 30 November 1967 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, the applicant's DD Form 214, dated 30 September 1990, shows that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6.  The applicant's records show that he served in the Republic of Korea during the period 14 December 1983 through 28 February 1984.  Item 35 (Record of Assignments) shows that he departed Korea as a patient and was transferred to Fort Blevoir, Virginia. 

7.  Army Regulation 600-8-22 (Military Awards) governs the Army awards program.  It provides, in pertinent part, that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  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.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records.  The only emblems so far authorized for wear on the uniform to indicate a foreign decoration received by a unit are the French and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine Republic Presidential Unit Citation Badge, the Republic of Korea Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Medal Unit Citation Badges. Only the French Fourragere and the Republic of Korea Presidential Unit Citation are authorized for temporary wear.

8.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) 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 listed in appendix D of this regulation.

9.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

10.  Paragraph 9-23 of Army Regulation 600-8-22 prescribes the criteria for award of the Republic of Vietnam Gallantry Cross Unit Citation.  The unit citation of the Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement. It is awarded in four degrees as follows:

	a. With Palm—To a unit which is cited before the Armed Forces.
	b. With Gold Star—To a unit which is cited before a corps.
	c. With Silver Star—To a unit which is cited before a division.
	d. With Bronze Star—To a unit which is cited before a regiment or brigade.
11.  Paragraph 9-25 of Army Regulation 600-8-22 states that individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that 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.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then badge may be accepted and worn by U.S. Army enlisted personnel Individual foreign decorations presented to Army personnel that do not fall under the category discussed in above will be reported in accordance with AR 1–100, paragraph 6.  Awards in these categories are considered gifts.  They will not be authorized for wear nor entered in official military personnel records. 

12.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have 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 United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign 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.

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.   The KDSM may be awarded posthumously to any Soldier who lost his or her life without regard to length of such service.  Only one award of the KDSM is authorized for any individual.  The area of eligibility  encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
	(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 
	(2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or
	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Individual Citation and the Korea Defense Service Medal.

2.  Notwithstanding the applicant's gallantry in combat, evidence of record shows that the Republic of Vietnam Gallantry Cross is a unit award, not an individual award.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  However, those decorations awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear only.  They are not authorized to be entered in the official military records of the recipient.

3.  The applicant's records show that he served a qualifying period in Korea for award of the Korea Defense Service Medal.  Therefore he is entitled to award of the Korea Defense Service Medal and correction of his records to show this award.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__lds___  __ecp___  __jrh___  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 showing award of the Korea Defense Service Medal.

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 award of the Republic of Vietnam Gallantry Cross as an "Individual" Citation.



						Linda D. Simmons
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070010364
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.