IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110014648 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Gallantry Cross with bronze star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation.

2.  The applicant states that based on his military records, he should have been authorized the awards but they were never entered on his DD Form 214.

3.  The applicant provides a DD Form 214 and a Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate.

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 inducted into the Army on 12 May 1970 and upon completion of initial entry training was awarded military occupational specialty 16F (Cannoneer). 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 September 1970 to 22 November 1971.  Item 38 (Record of Assignments) shows he was assigned to B Battery, 4th Battalion, 60th Artillery while in Vietnam.

4.  Headquarters, U.S. Army Forces, Military Region 2, General Orders Number 179, dated 24 June 1971, awarded him the Bronze Star Medal with "V" (valor) Device for the period 16 - 22 March 1971.

5.  On 24 November 1971, he was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 6 months, and 13 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal.
* Vietnam Campaign Medal with Device 1960
* Bronze Star Medal
* Army Good Conduct Medal

6.  He provided a certificate that shows he was awarded the Republic of Vietnam Gallantry Cross as a personal award.  There is no evidence in his Official Military Personnel Files (OMPF) that shows he was authorized to accept and wear this foreign award.

7.  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.
8.  Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

9.  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 that during his assignment to the 4th Battalion, 60th Artillery, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

10.  Department of the Army Pamphlet 672-3 does not show the 4th Battalion, 60th Artillery was awarded the Republic of Vietnam Gallantry Cross with bronze star, Valorous Unit Award, or the Meritorious Unit Commendation while he was assigned to that unit.

11.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in two campaigns:

* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding missing awards has been carefully reviewed.

2.  The Bronze Star Medal is included in item 24 of his DD 214; however, general orders show he was awarded the Bronze Star Medal with "V" Device.  Therefore, it would be appropriate to correct his DD Form 214 by replacing the Bronze Star Medal with the Bronze Star Medal with "V" Device.

3.  He was awarded the Vietnam Service Medal; however, he participated in two campaigns in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect the appropriate campaigns.

4.  Based on his service with the 4th Battalion, 60th Artillery while in Vietnam, he is also entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  He provided a certificate that shows he was awarded the Republic of Vietnam Gallantry Cross as a personal award; however, there is no evidence in his OMPF that shows he was authorized to accept and wear this foreign award as required by the governing regulation.  Therefore, this foreign award should not be added to his DD Form 214 at this time.

6.  There is no evidence showing the 4th Battalion, 60th Artillery was awarded the Republic of Vietnam Gallantry Cross with bronze star, Valorous Unit Award, or the Meritorious Unit Commendation while he was assigned to that unit.  Therefore, he is not entitled to correction of his DD Form 214 to show these unit awards.

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

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 further correcting his DD Form 214 to show the Republic of Vietnam Gallantry Cross with bronze star, Valorous Unit Award, or the Meritorious Unit Commendation.




      _______ _  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)                                         AR20110014648



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ABCMR Record of Proceedings (cont)                                         AR20110014648



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