IN THE CASE OF:   
		BOARD DATE: 18 October 2012 

		DOCKET NUMBER:  AR20120007432


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 the issuance of a DD Form 215 (Correction to the
DD Form 214) to show award of the Army Commendation Medal and Republic of Vietnam (RVN) Cong Hoa Award.  

2.  The applicant states he is providing the appropriate documents to support his request. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Army Commendation Medal Orders and Citation, and a document written in Vietnamese entitled "Viet-Nam Cong-Hoa."

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 27 January 1971.  He completed training and was awarded military occupational specialty 71B (Clerk Typist).

3.  His DA Form 20 shows in:

	a.  item 38 (Record of Assignments) that he was assigned to the U.S. Military Assistance Command, Vietnam (MACV), from 16 January through 30 November 1972; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, First Class Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was honorably released from active duty on 7 December 1972 in the rank of specialist four (SP4).  He had completed 1 year, 10 months, and 11 days of net active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), First Class Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and One Overseas Service Bar.

5.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings.

6.  The applicant provided copies of:

	a.  General Orders Number 315, Army Advisory Group, U.S. Military Assistance Command, Vietnam, dated 18 December 1972, showing he was awarded the Army Commendation Medal for meritorious service from February to November 1972; and

	b.  a document entitled "Viet-Nam Cong-Hoa.”  This document was prepared in Vietnamese and no English translation is available. 

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 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.

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:

* Consolidation II                                   1 December 1971 - 29 March 1972
* Vietnam Ceasefire Campaign           30 March 1972 - 28 January 1973

9.  Army Regulation 600-8-22 also states that individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.

10.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, Vietnam, 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows the applicant distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty as a SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 
27 January 1971 through 7 December 1972.

2.  General orders show he was awarded the Army Commendation Medal.
3.  Records show the applicant participated in two campaigns 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 to his unit in Vietnam it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

6.  There is no available evidence showing the document the applicant provided in Vietnamese entitled "Viet-Nam Cong Hoa" is an individual foreign decoration authorized for acceptance and permanent wear.

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 
27 January 1971 through 7 December 1972; and

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

* Army Good Conduct Medal (1st Award)
* two bronze service stars with his already-awarded Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 listing the Vietnam Cong Hoa Award on 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20120007432



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