BOARD DATE:   20 March 2012

		DOCKET NUMBER:  AR20110018480 


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, the brother of the deceased former service member (FSM), requests correction of his brother's record to show award of the Purple Heart, Bronze Star Medal, Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm.  He also requests his brother be awarded the Army Good Conduct Medal.

2.  The applicant states that his brother was killed in action in Vietnam.  He recently received a copy of his brother's Official Military Personnel File (OMPF).  The Purple Heart and Bronze Star Medals that were awarded posthumously to his brother were received, but not recorded in the file.  He recently learned that his brother should have been awarded the Army Good Conduct Medal, and that each American Soldier killed in Vietnam received an individual award of the Republic of Vietnam Gallantry Cross with Palm.  He also learned his brother's units in Vietnam were awarded the Meritorious Unit Commendation and Presidential Unit Citation and he requests those awards be recorded in his brother's records.

3.  The applicant provides copies of:

* his own birth certificate
* DD Form 1130 (Report of Casualty) dated 4 April 1968
* a letter from the National Personnel Records Center (NPRC), dated
7 July 2011
* one page of the FSM's DA Form 20 (Enlisted Qualification Record)
* a letter from Adjutant General, Department of the Army, dated 14 June 1968
* Bronze Star Medal Certificate
* Purple Heart Certificate
* Department of the Army General Orders (DAGO) Number 17, dated  
17 March 1969    
* DAGO 59, dated 25 September 1969

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 FSM enlisted in the Regular Army on 7 November 1966.  He completed training and was awarded military occupational specialty (MOS) 96B (Intelligence Analyst). 

3.  The FSM's DA form 20 shows in:

	a.  item 38 Record of Assignment) he was assigned in Vietnam to Headquarters and Headquarters Detachment, 223d Aviation Brigade from 
23 June 1967 to 3 December 1967, and to the 191st Military Intelligence Detachment, 1st Cavalry Division, from 4 December 1967 through 
25 March1968, when he was killed in action.  His conduct and efficiency ratings were all excellent.

	b.  item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and one Overseas Service Bar.

4.  DD Form 1300 shows in item 2 (Casualty Status) that the FSM died on 
25 March 1968 in Vietnam from fragment wounds received from hostile mortar fire.  

5.  His record contains general orders posthumously awarding him the Bronze Star Medal for meritorious service from December 1967 to March 1968.

6.  The applicant submitted copies of: 

	a.  a 14 June 1968, letter from The Adjutant General, Department of the Army, showing the FSM was posthumously awarded the Bronze Star Medal and the  Purple Heart.  The letter also states that, prior to the FSM's death, he had been awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Ribbon, and the Sharpshooter Badge with Rifle Bar. 

	b.  DAGO Number 17, pages 1 and 10, showing the 191st Military Intelligence Detachment, 1st Cavalry Division, was cited for a unit award.

	c.  DAGO Number 49, pages 1and 2, showing the Presidential Unit Citation (Army) was awarded to two units of the 1st Cavalry Division, and one unit of the 25th Infantry Division.

	d.  DAGO Number 59, pages 1, 5, and 6, listing several units for award of the Presidential Unit Citation (Navy) and the Republic of Vietnam Cross of Gallantry with Palm.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase III          1 June 1967 - 29 January 1968
* Tet Counteroffensive -                              30 January - 1 April 1968

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows his units were cited for awards as follows:

	a.  Headquarters and Headquarters Detachment, 223d Aviation Battalion, for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
27 March 1967 through 17 May 1968 by DAGO Number 21, dated 1969, as amended by DAGO Number 46, dated 1969,

	b.  191st Military Intelligence Battalion for the Meritorious Unit Commendation for the period 12 February 1967 through 31 May 1968 by DAGO Number 
17, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969; and

	c.  1st Cavalry Division for the Meritorious Unit Commendation for the period 1 September 1967 through 31 October 1968 by DAGO Number 37, dated 1970.
 
10.  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.     

DISCUSSION AND CONCLUSIONS:

1.  The FSM's records contain authorization for the Bronze Star Medal, the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, 
and the Sharpshooter Badge with Rifle Bar.

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his exclusively excellent conduct and efficiency ratings and promotion to specialist five.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.
3.  Records show the applicant participated in two campaign periods during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  

4.  During the applicant's assignment in Vietnam, his units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation.  

5.  There is no available evidence showing that the FSM was awarded the Republic of Vietnam Gallantry Cross as a personal decoration or that every American Soldier killed in action during the Vietnam received the award posthumously.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request

6.  There is no available evidence showing that during his assignment in Vietnam his units were cited for award of the Presidential Unit Citation.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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.  posthumously awarding the FSM the Army Good Conduct Medal for the period 3 November 1966 to 25 March 1968, 

	b. issuing an appropriate document to show the FSM was awarded the:

* Bronze Star Medal
* Purple Heart
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2 Awards)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2 Awards)
* one Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	c.  issuing to the applicant the Army Good Conduct 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 the individual award of the Republic of Vietnam Gallantry Cross with Palm as a personal decoration and the Presidential Unit Citation.

3.  The Board wants the applicant and all others to know that the sacrifices your brother made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100010311



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ABCMR Record of Proceedings (cont)                                         AR20110018480



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