IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110019789 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Silver Star and the Army Good Conduct Medal.

2.  The applicant states the above awards are not listed on his DD Form 214.

3.  He provides:

* a certificate he alleges awarded him the Republic of Vietnam Gallantry Cross with Silver Star
* DD Form 214

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 record shows he enlisted in the Regular Army on 16 August 1966, in pay grade E-1, for 3 years.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 3 September 1967 through on or about 17 June 1969, during seven campaigns.  He was assigned to:

* Headquarters and Headquarters Detachment, 52nd Aviation Battalion, from 9 September 1967 to 17 April 1969
* Headquarters and Headquarters Company (HHC), 52nd Aviation Battalion, from 18 April 1969 to 14 June 1969

4.  He provides a certificate, dated 28 April 1969, which appears to be written in Vietnamese, that he alleges awarded him the Republic of Vietnam Gallantry Cross with Silver Star. 

5.  He was honorably released from active duty, in pay grade E-5, on 18 June 1969, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 2 years, 10 months, and 3 months of active service and no time lost.  

6.  His DD Form 214 lists the:

* National Defense Service Medal
* Pathfinder Badge
* Parachutist Badge
* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* three overseas service bars

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence that any disciplinary action was taken against him during his period of active service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal 
(1st Award).

8.  Item 41 (Awards and Decorations) of his DA Form 20 list the same awards as the DD Form 214.  Item 41 also shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-60)  
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  On 2 November 2011, he was issued a DD Form 215 (Correction to DD Form 214) adding the following awards to his 1969 DD Form 214:

* Vietnam Service Medal with one silver and two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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.     

11.  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 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.  There must have been no convictions by a court-martial.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not shows his unit, HHC, 52nd Aviation Battalion, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation with Silver Star during his period of service in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award).  He received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence that any disciplinary action was taken against him during his period of active service and no evidence that his commander disqualified him for the medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 16 August 1966 through 18 June 1969 and correction of his DD Form 214 to show this medal.

2.  The evidence of record further confirms he was awarded the Expert Marksmanship Badge with Rifle Bar (M-60) and Sharpshooter Marksmanship Badge with Rifle Bar (M-16). These awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

3.  Based on regulatory guidance pertaining to 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.  There is no evidence of record and he provided insufficient evidence to show he or his unit was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star by the Government of the Republic of Vietnam.  Therefore, he is not entitled to its addition on his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for the period 16 August 1966 through 18 June 1969; and 

   b.  adding the following awards to his DD Form 214:
   
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Badge with Rifle Bar (M-60)
* Sharpshooter Marksmanship Badge with Rifle Bar (M-16)
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 correction to his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Silver Star.  



      _______ _   _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)                                         AR20110019789



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ABCMR Record of Proceedings (cont)                                         AR20110019789



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