IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017681 


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 individual award of the Republic of Vietnam Armed Forces Honor Medal First Class.

2.  The applicant states the award was accidentally omitted when he previously submitted his application to the Board.

3.  The applicant provides a foreign document/certificate.

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 appointed as a Regular Army commissioned officer and he entered active duty on 5 June 1966.  He served in Vietnam as follows:
* 
6 March 1967 to 29 February 1968 while assigned to Company B, 4th Battalion, 23d Infantry Regiment, and the 25th Supply and Transportation Battalion
* 30 June 1970 to 20 May 1971 while assigned to Civil Operations and Revolutionary Development Support, IV Corps and Military Region 4

3.  He was honorably discharged from active duty in the rank of captain on 21 May 1971.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Purple Heart
* four overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

4.  On 28 August 2013, as a result of this Board's decision, he was issued a DD Form 215 (Correction to DD Form 214) deleting award of the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal and adding the following awards:

* Bronze Star Medal (3rd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

5.  He provided a foreign document/certificate that appears to be written in the Vietnamese language.  It contains his name, but it is neither translated into the English language nor is it accompanied by a Department of the Army approval to accept and wear the award.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the criteria for awards and decorations.  Chapter 9 outlines the policies pertaining to eligibility of individuals to accept and/or wear decorations and badges tendered by foreign governments.

	a.  Paragraph 9-25(a) states 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 the host country, that badge may be accepted and worn only by U.S. Army enlisted personnel.

	b.  Commanders (overseas and in the continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D (Foreign Badges).  This authority may be further delegated to commanders charged with custody of military personnel records files.  The burden of proof rests with the individual Soldier to produce valid justification, such as orders, citations, or other original copies of the foreign elements that awarded the badge.  Any individual foreign decoration not listed in Appendix E (Foreign Decorations) will be forwarded to the Commander, U.S. Army Human Resources Command, Fort Knox, KY, for approval.

	c.  Foreign badges authorized for acceptance and wear on the Army uniform are shown in Table D-1 (Foreign Badges).

	d.  Foreign decorations approved for acceptance and wear are shown in Table E-1 (Foreign Decorations).  One of the approved foreign decorations for Vietnam is the Vietnamese Armed Forces Honor Medal with Bronze, Silver, Gold, and Palm appurtenances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show individual award of the Republic of Vietnam Armed Forces Honor Medal First Class.  He provided a foreign certificate and contends it shows his entitlement to this award.  The certificate he provided is neither translated into English nor is it accompanied by an approval to accept and wear the award.

2.  Regrettably, there is no evidence in the applicant's records and the applicant did not provide evidence that shows this foreign award was approved by a commander serving in the rank of brigadier general or higher and/or a colonel-level commander who exercised general court-martial authority, or a commander charged with the custody of military personnel records files for acceptance, retention, and permanent wear.  Therefore, there is an insufficient basis for adding this award to his DD Form 214 at this time.

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 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)                                         AR20130017681



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ABCMR Record of Proceedings (cont)                                         AR20130017681



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