IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120002341 


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:

	a.  the Republic of Vietnam Gallantry Cross with Bronze Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and

	b.  his duty assignment with the 101st Airborne Division be added to his DD Form 214.  

2.  The applicant states:

* He was awarded the Republic of Vietnam Gallantry Cross with Bronze Star on 25 January 1969
* He wants his service with the 101st Airborne Division included on his DD Form 214

3.  The applicant provides:

* U.S. Army Reserve discharge orders
* Authorization for individual foreign award
* Citation for award of the Republic of Vietnam Gallantry Cross with Bronze 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 was inducted into the Army of the United States on 20 February 1967.  His DA Form 20 (Enlisted Qualification Record) is incomplete but shows:

* He arrived in Vietnam on 15 December 1967
* He was assigned to Battery B, 1st "How" Battalion, 321st Artillery in Vietnam on 17 December 1967 (no other information pertaining to this unit or any other Vietnam unit are shown on the DA Form 20)
* His date of expected return from Vietnam as 14 December 1968
* He received the Parachutist Badge in July 1967   

3.  On 28 November 1968, he was released from active duty in the rank of private first class after completing 1 year, 9 months, and 9 days of creditable active service with no time lost.

4.  His DD Form 214 shows:

* in item 12 (Last Duty Assignment and Major Command) the entry "VN USARPAC"
* the National Defense Service Medal and Purple Heart

5.  He provided documentation (authorization letter, official decree or order in Vietnamese, and the English translation) which shows he was authorized to accept and wear the Gallantry Cross with Bronze Star presented to him by the Government of the Republic of Vietnam.  The authorization letter, dated 
25 January 1969, shows he was assigned to Headquarters and Headquarters Company, 101st Airborne Division.  The English translation indicates he was assigned to an artillery unit on 24 February 1968 in Vietnam.  

6.  Orders, dated 5 April 1967, show he received the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Records show he participated in five campaigns during his assignment in Vietnam.

8.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

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

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


13.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  The regulation in effect at that time provided item 12 would be completed by entering the Soldier's unit of assignment and major command.

14.  Records show the 1st Battalion, 321st Airborne Field Artillery Regiment was assigned to the 101st Airborne Division.  The battalion moved from Fort Campbell, KY to Vietnam on unit orders on 17 December 1967.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.  His DD Form 214 should be corrected to show this individual foreign award.  

2.  The applicant requests his DD Form 214 be amended to show he served with the 101st Airborne Division.  Since evidence shows he was assigned to Battery B, 1st Battalion, 321st Artillery during his assignment in Vietnam and the 1st Battalion, 321st Airborne Field Artillery Regiment was assigned to the 101st Airborne Division in Vietnam on 17 December 1967, it would be appropriate to correct item 12 of his DD Form 214 to show he served with Battery B, 1st Battalion, 321st Artillery, 101st Airborne Division, USARPAC.

3.  Based on his service in Vietnam and participation in five campaigns, he is entitled to the Vietnam Service Medal with one silver service star and the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show these awards.

4.  He was honorably released from active duty in the rank of private first class with 21 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 February 1967 through 28 November 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.



5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  Orders show he received the Marksman Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should be corrected to show this badge.

7.  The entry on his DA Form 20 which shows he received the Parachutist Badge is accepted as sufficient evidence on which to add this badge to his DD Form 214.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 20 February 1967 through 28 November 1968; 

	b.  deleting the entry in item 12 of his DD Form 214 and replacing it with the entry "Battery B, 1st Battalion, 321st Artillery, 101st Airborne Division, USARPAC”; and  



	c.  adding the Republic of Vietnam Gallantry Cross with Bronze Star, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar 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)                                         AR20120002341





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ABCMR Record of Proceedings (cont)                                         AR20120002341



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