IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130006939
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 the Republic of Vietnam Gallantry Cross with Bronze Star (2nd Award).
2. The applicant states he was given the Republic of Vietnam Gallantry Cross with Bronze Star (2nd Award) prior to his departure from Vietnam.
3. The applicant provides:
* Republic of Vietnam Citation, dated 15 October 1958
* Letter to the Administrative Court of Quang-Tri, dated 15 October 1968
* Vietnam Cong-Hoa Quang-Tri Certificate, dated 15 October 1968
* Republic of Vietnam Letter of Accommodation, dated 15 October 1968
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 accepted an appointment as a Reserve commissioned officer on 24 August 1965. He was ordered to active duty on 14 November 1965. He arrived in Vietnam on 26 October 1967. He departed Vietnam en-route to the United States on 22 October 1968.
3. On 27 October 1968, the applicant was released from active duty at the end of his active duty commitment. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Gallantry Cross with Bronze Star
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Combat Infantryman Badge
* One Overseas Service Bar
4. On 25 May 2011, the Army Review Boards Agency (ARBA) Chief, Promulgation Team, amended the applicant's DD Form 214 to delete the Vietnam Campaign Medal and to add the Presidential Unit Citation (Army) and the Republic of Vietnam Campaign Medal with Device (1960).
5. On 9 November 2011, the ARBA Chief, Promulgation Team, amended the applicant's DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. The applicant provides a citation, certificate, and letter from Vietnam officials dated 15 October 1968.
7. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) governed award of the Republic of Vietnam Gallantry Cross as a personal decoration. This 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. According to the applicable regulation, 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.
3. Although he provides a citation, certificate and letter from Vietnam officials, there is no evidence in the available record, nor has he provided any evidence showing he was approved by the Commanding General of the United States Army Vietnam to accept and to wear the Republic of Vietnam Gallantry Cross with Bronze Star (Second Award). This award should not be added on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130006939
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ABCMR Record of Proceedings (cont) AR20130006939
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