IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100028455 


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 an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star and Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states:

* He received an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star in addition to the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* In May 1971 he received the Vietnamese citation in the mail from the Department of the Army
* The citation was for his actions in October/November 1967
* He was presented this medal in 1967 in a group ceremony at 1st Division Headquarters

3.  The applicant provides:

* Letter, dated 22 May 2009, from the National Personnel Records Center in St. Louis, MO
* Letter, dated 25 May 1971, from the Assistant Adjutant
* Vietnamese certificate/citation



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.  He was ordered to active duty on 22 September 1966 from the U.S. Army Reserve.  He arrived in Vietnam on 19 July 1967.  He served as an infantry unit commander assigned to Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam from 22 July 1967 to 22 August 1967.  He was assigned to Company D, 1st Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam from 23 August 1967 to 18 July 1968.  On 
23 July 1968, he was released from active duty. 

3.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, Bronze Star Medal with First Oak Leaf Cluster, Combat Infantryman Badge, and two Overseas Service Bars as authorized awards.  

4.  In support of his claim for the Republic of Vietnam Gallantry Cross with Bronze Star, he provided a Vietnamese certificate with a bronze border, dated 1969, with his name on it.  He also provided a letter, dated 25 May 1971, from the Assistant Adjutant, Office of the Adjutant General, which states, in pertinent part:

* "The attached award has been received for forwarding to you."
* "The Republic of Vietnam has made this award to you in recognition of your service to that country while serving as a member of the United States Army."
* Please accept my congratulations."

5.  General orders, dated 23 July 1968, show he received the Air Medal.

6.  Records show he participated in four campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970
8.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated 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 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.     

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  He contends he received an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star.  The original citation from Vietnam and the letter provided by the applicant are accepted as sufficient evidence on which to add the Republic of Vietnam Gallantry Cross with Bronze Star to his DD Form 214. 

2.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

3.  Orders show he received the Air Medal.  His DD Form 214 should be corrected to show this medal. 

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

BOARD VOTE:

_____X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Air Medal, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of 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)                                         AR20100028455





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ABCMR Record of Proceedings (cont)                                         AR20100028455



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