IN THE CASE OF:	

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004780 


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 he was awarded or authorized the:

* Bronze Star Medal (BSM)
* Purple Heart (PH)
* Air Medal (AM)
* Republic of Vietnam (RVN) Gallantry Cross
* RVN Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge (CIB)

2.  The applicant states his records are incomplete.

3.  The applicant provides:

* DD Form 214
* an extract of his DA Form 20 (Enlisted Qualification Record)
* an extract of General Orders Number 6040, issued by Headquarters, 101st Airborne Division on 13 September 1968
* BSM Certificate and citation
* PH Certificate
* AM Certificate and citation
* Two un-translated documents pertaining to the RVN Gallantry Cross

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.  On 13 December 1967, the applicant was inducted into the Army of the United States.  He served in Vietnam during the period 31 May 1968 through on or about 24 May 1969.  While in Vietnam, he participated in four campaigns and he was assigned to the 3rd Battalion, 506th Infantry Regiment.

3.  His DA Form 20 shows in:

* item 22 (Military Occupational Specialty (MOS)) – 11B (Light Weapons Infantryman)
* item 41 (Awards and Decorations), in part – RVN Campaign Medal with Device (1960)
* item 38 (Record of Assignments) – all "excellent" conduct and efficiency ratings

4.  General Orders Number 6040, issued by Headquarters, 101st Airborne Division on 13 September 1968, awarded him the PH for wounds received in action on 25 August 1968.

5.  General Orders Number 4582, issued by Headquarters, 101st Airborne Division on 12 May 1969, awarded him the BSM.

6.  On 12 December 1969, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 overseas service bars

7.  His record is void of any evidence of any derogatory information or a commander's disqualification that would have disqualified him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award) for his period of service from 13 December 1967 through 12 December 1969.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any general orders that show he was awarded the AM.

10.  His record is void of and he fails to provide evidence that shows he received approval to accept and/or wear any foreign awards, decorations, or badges.

11.  He provided, in part:

* a BSM Certificate and citation that shows he was awarded the BSM for meritorious service during the period 1 August 1968 to 31 March 1969
* an AM Certificate and citation that shows he was awarded the AM for meritorious achievement on 25 August 1968
* un-translated documents pertaining to the RVN Gallantry Cross as a personal decoration

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers who possess an infantry MOS, while serving in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

13.  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 3rd Battalion, 506th Infantry Regiment was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 through 14 May 1969, by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through May 1970, by DAGO Number 48, dated 1971

14.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the RVN 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.  Acceptance and wear of a personal award of the RVN 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.  General orders awarded him the PH and BSM; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably during the period 13 December 1967 through 12 December 1967.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no evidence of disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

4.  His unit in Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He held MOS 11B while serving in an infantry unit during his assignment in Vietnam and he was awarded the Purple Heart for wounds received in action on 25 August 1968.  In view of the available evidence, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat and he was awarded the CIB.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

6.  He provides certificates and citations indicating he was awarded the AM on 25 August 1968.  The sincerity of his claim is not questioned; however, possession of an award certificate and citation does not automatically confer entitlement to an award.  His record is void of evidence that shows he was recommended for or awarded the AM.  

7.  Absent orders awarding him the AM or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the AM.  If he has orders that awarded him the AM on 25 August 1968, or official documentation that confirms that such orders were published, he may submit a request for reconsideration.  If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.

8.  Each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation, and a letter authorizing the recipient to receive and wear the decoration.  His records are void of such evidence.  Therefore, there is an insufficient evidentiary basis upon which to add the RVN Gallantry Cross as a personal decoration to his DD Form 214.



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.  awarding him the AGCM (1st Award) for the period 13 December 1967 through 12 December 1969 and
   
	b.  amending his DD Form 214 to delete the Vietnam Service Medal with two bronze service stars and add the following awards:

*	BSM
*	PH
* AGCM (1st Award)
*	Vietnam Service Medal with four bronze service stars
*	RVN Gallantry Cross with Palm Unit Citation
*	RVN Civil Actions Honor Medal First Class Unit Citation
*	CIB

2.  The Board further determined that 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 adding the AM and RVN Gallantry Cross as a personal decoration 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)                                         AR20140004780



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ABCMR Record of Proceedings (cont)                                         AR20140004780



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