IN THE CASE OF:	  

		BOARD DATE:	    30 November 2010

		DOCKET NUMBER:  AR20100014496 


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 correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his Bronze Star Medal (BSM) with "V" Device, Army Commendation Medal (ARCOM), and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star.

2.  The applicant states the awards were omitted from his DD Form 214; however, they are contained in his military personnel records.

3.  The applicant provides the following documentation in support of his request:

* A copy of General Orders (GO) Number 2619, dated 17 November 1967, which award him the BSM with "V" Device
* A copy of a citation for award of the ARCOM for the period 20 December 1966 to 4 November 1967
* A copy of a document with the entry:  "ONG – LENH" Special Order (SO):  I86/KI2CT/CL" (an order written in Vietnamese) 

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's military service record shows that he enlisted in the Regular Army on 2 July 1965 for a period of 3 years.  Upon completion of basic combat and advanced individual training he was awarded military occupational specialty 13A (Field Artillery).

3.  The applicant's military service record shows he served in Vietnam and was assigned to Battery B, 2nd Battalion, 320th Artillery during the period 20 December 1966 through 19 December 1967.  On 1 July 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO.  He completed a total of 3 years of total active service with 1 year of foreign service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and the RVN Campaign Medal with Device (1960).

5.  The applicant provided a copy of GO Number 2619 which awards him the BSM with "V" Device for heroism in connection with military operations against a hostile force on 10 June 1967.   

6.  The applicant's military service record contains a copy of GO Number 2538, 101st Airborne Division, dated 7 November 1967 which award him the ARCOM for meritorious service in connection with military operations against a hostile force during the period 20 December 1966 through 4 November 1967.

7.  The applicant has provided a copy of "ONG –LENH SO I86/KI2CT/CL" which lists his name, rank, service number and a citation.  This document is written in Vietnamese for award of the RVN Gallantry Cross with Bronze Star.  The records in this case do not contain evidence which shows that the applicant was authorized by the Commanding General of United States Army Vietnam to wear the RVN Gallantry Cross as a personal decoration. 

8.  A review of the applicant's record reveals he is entitled to additional awards that are not shown on his DD Form 214.

9.  The applicant's records are void of documentation showing he was recommended for or awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's period of service:

* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

14.  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 RVN Gallantry Cross as a personal decoration.  This decoration is awarded by the Government of the Republic of South Vietnam to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  

15.  The RVN Gallantry Cross 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.     

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  Army Regulation 635-5, in effect at the time of the applicant's separation from active duty, provided that all decorations, medals, badges, citations and campaign ribbons awarded or authorized throughout the Soldier's service would be entered in item 24 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the RVN Gallantry Cross with Bronze Star by the Republic of Vietnam.  This individual award was awarded by the Government of the Republic of South Vietnam.  His record does not contain evidence which shows that the applicant was authorized by the Commanding General of United States Army Vietnam to wear this as a personal award.   Therefore, the ABCMR should not authorize correction of records to show a personal award of the RVN Gallantry Cross with Bronze Star.

2.  The evidence of record shows the applicant was awarded the BSM with "V" Device and the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these individual awards.

3.  General Orders Number 8 awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  He is entitled to award of two bronze service stars for wear on the already-awarded Vietnam Service Medal.

5.  The applicant appears to have met all the eligibility criteria for award of the Army Good Conduct Medal for the period 2 July 1965 through 1 July 1968.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period 
2 July 1965 through 1 July 1968,	

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (First Award)
* Bronze Star Medal with "V" Device
* Army Commendation Medal 
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars

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 adding the RVN Gallantry Cross with Bronze Star to his 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)                                         AR20100014496





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ABCMR Record of Proceedings (cont)                                         AR20100014496



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