RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011588 


	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:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with Silver Star.

2.  The applicant states that somewhere within the Army's records, there are General Orders, Unit Orders, or Individual Orders that awarded him the above awards. 

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

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 January 1971.

	b.  Memorandum, dated 25 June 1970, Cambodian Campaign Participation Credit.

	c.  Self-authored Letter, dated 8 August 2007.

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 Board noted the applicant's request for the Bronze Star Medal.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Bronze Star Medal under the provisions of law. As a result, the Bronze Star Medal requested by the applicant is not discussed further in these Proceedings. 
3.  The applicant's records show that he was commissioned in the Army of the United States as a 2nd lieutenant (2LT)/O-1 in the Field Artillery Corps on 26 January 1968.  He was honorably discharged and transferred to U.S. Army Reserve on 28 January 1971.  The highest grade he attained during his military service was captain (CPT)/O-3. 

4.  The applicant's records show that he served in the Republic of Vietnam during the period 10 February 1970 through 26 January 1971.  He was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 32nd Artillery, 25th Infantry Division (Light). 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal and two Overseas Service Bars.  Item 24 does not show award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Republic of Vietnam Gallantry Cross with Silver Star Citation.

7.  In his self-authored letter, dated 8 August 2007, the applicant states that the Vietnam Cross of Gallantry was awarded to him immediately after serving in the Cambodian campaign.  He also cited another Soldier who served in the same campaign and was awarded the same medal. 

8.  The applicant provided a memorandum, dated 25 June 1970, issued by Headquarters Battery, 2nd Battalion, 32nd Artillery, certifying that he participated in the Cambodian campaign during the period 1 May 1970 to 30 June 1970.

9.  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.     

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 32nd Artillery was awarded the Valorous Unit Award on 1 April 1970 based on Department of the Army General Orders Number 8, dated 1974.

12.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 4 November 1965 to 15 January 1971 by Department of the Army General Order Number 51, dated 1971.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary, and the Vietnam Counteroffensive Phase VII campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation with Silver Star.

2.  There is no evidence in the applicant's records and the applicant did not provide sufficient evidence to show he was awarded the Republic of Vietnam Gallantry Cross with Silver Star.  Therefore, he is not entitled to this award.

3.  Evidence of record shows that the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these awards.  
4.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jev___  __tmr___  __jcr___  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 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Valorous Unit Award, and three bronze service stars to be affixed to his already-awarded Vietnam 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 with Palm Unit Citation with a Silver Star.



						James E. Vick
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.