IN THE CASE OF:	  

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120012772 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Republic of Vietnam Gallantry Cross with Palm as a personal award for his service in the Republic of Vietnam while serving with the U.S. Military Assistance Command Vietnam.

2.  The applicant states he received the awards while on duty in the Republic of Vietnam and therefore, they should be reflected in his military records. 

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Citation and Orders for the Republic of Vietnam Gallantry Cross with Palm  (written in Vietnamese) 

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 16 February 1966.  He completed training and he was awarded military occupational specialty 05B (Radio Operator).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in Vietnam from
7 September 1966 to 30 August 1967 and he was assigned to the U.S. Military Assistance Command.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Personnel Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

4.  On 15 February 1968, the applicant was honorably released from active duty  and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge (as corrected by DD Form 215)

5.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his 


service in the Republic of Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the U.S. Military Assistance Command, Vietnam was cited for award of the Meritorious Unit Commendation for the period 8 March 1965 through 31 August 1967 by Department of the Army General Order Number 10, dated 1968.

8.  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. 

9.  Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show two awards of the Republic of Vietnam Gallantry Cross with Palm as a personal award for his service in the Republic of Vietnam while serving with the U.S. Military Assistance Command Vietnam has been carefully considered and found to have partial merit. 

2.  The applicant provided orders and a certificate which shows he was awarded the Republic of Vietnam Gallantry Cross with Palm as a personal award for his service in Vietnam.  Therefore, he is entitled to correction of his records to show this award.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The evidence of record confirms he served honorably during the period 16 February 1966 through 15 February 1968.  He completed his tour of duty in Vietnam, he received all "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SP4/E-4.  His record does not contain 
any derogatory information or a commander's disqualification that would have 
precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 16 February 1966 through
15 February 1968 and to correct his DD Form 214 to show this award.

5.  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 and correction of his DD Form 214 to show these bronze service stars.

6.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 from his DD Form 214 the Vietnam Service Medal;
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 February 1966 through 15 February 1968; and
   
   c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation 

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 showing two awards of the Republic of Vietnam Gallantry Cross with Palm as a personal award.




      _______ _  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)                                         AR20120012772





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ABCMR Record of Proceedings (cont)                                         AR20120012772



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