IN THE CASE OF:	  

		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20110025219 


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 award of the Vietnam Service Medal (VSM) and the Gallantry Cross [hereafter referred to as the Republic of Vietnam Gallantry Cross] with Bronze Star. 

2.  He states he served in Vietnam from January 1965 to January 1966. 

3.  The applicant provides the following:

* Two DD Forms 214
* Self-authored statement
* Official Order Number 10

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 enlisted in the Regular Army (RA) on 18 May 1960.  He was honorably released from active duty on 15 May 1963.  On 26 June 1963, he again enlisted in the RA.  He served a total of 6 years, 1 month, and 8 days and was honorably discharged on 24 June 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the U.S. Army Vietnam (USARV) from 25 January 1965 through 24 January 1966.

	b.  Item 38 (Record of Assignments) he was assigned to both Company C and Company B, 5th Special Forces Group (SFG), 1st SF Regiment, USARV.

	c.  Item 41 (Awards and Decorations) he earned the:

* Expert Marksmanship Qualification Badge with Carbine Bar (M-1), Special Order (SO) Number  99, Headquarters (HQ) U.S. Army Corps, 1964
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), SO Number 30, HQ, 6th SFG, 1st SF, 1966
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), SO Number 30, HQ, 6th SFG, 1st SF, 1966

4.  His 15 May 1963 DD Form 214 shows he earned the: 

* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Carbine Bar

5.  His 24 June 1966 DD Form 214 shows the: 

* Combat Infantryman Badge
* Parachutist Badge
* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM)

6.  Official Order Number 10 shows the applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star.  However, a letter authorizing him to receive and/or wear the decoration was not contained in his available file.

7.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

8.  On 2 July 2012, the applicant informed the Board analyst that he agreed to accept the VSM in lieu of the AFEM.

9.  Army Regulation 600-8-22 provides for award of the VSM.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Advisory Campaign (15 March 1962 - 7 March 1965)
* Vietnam Defense Campaign ( 8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive ( 25 December 1965 - 30 June 1966)

10.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

11.  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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the 5th SFG, 1st SF Regiment was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the AFEM for his service in Vietnam.  However, as cited in paragraph 7 this document, upon request the VSM may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from his records since no person will be entitled to both the AFEM and the VSM for the same period of service.  The applicant has agreed to this.  He served in Vietnam from 25 January 1965 through 24 January 1966 and he participated in three campaign phases during this period.  Therefore, he is entitled to award of the VSM with three bronze service stars and correction of his DD Form 214 to show this award.

2.  He provides orders that show 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 he was authorized by the Commanding General of United States Army Vietnam to wear this as a personal award.  Therefore, in the absence of a letter authorizing him to receive and wear the decoration there is an insufficient basis to grant his request. 

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  As a result, he is entitled to add this unit award to his
DD Form 214. 

4.  The applicant served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his 
DD Form 214 should be corrected to show this award.

5.  His DA Form 20 verifies he earned the following qualifications and is entitled to addition of these badges to his DD Form 214:

* Expert Marksmanship Qualification Badge with Carbine Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
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 the Armed Forces Expeditionary Medal from his 24 June 1966  DD Form 214 and 

b.  adding the following awards to his 24 June 1966 DD Form 214:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Carbine Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

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 Republic of Vietnam 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)                                         AR20110025219





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ABCMR Record of Proceedings (cont)                                         AR20110025219



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