IN THE CASE OF:	

		BOARD DATE:	 3 December 2014 

		DOCKET NUMBER:  AR20140005141 


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 records to show he was awarded:

* a third Air Medal
* the "Vietnamese Cross of Gallantry with Gold Star," properly known as the Republic of Vietnam Gallantry Cross with Gold Star
* the "Vietnamese Cross of Gallantry Cross with gold frame," properly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Bronze Star Medal with "V" Device

2.  The applicant states his DD Form 214 (Report of Transfer or Discharge) does not properly reflect and include all of his authorized awards.  

3.  The applicant provides copies of an Authorization for Individual Foreign Award for the Republic of Vietnam Gallantry Cross with Gold Star, dated 20 March 1969, and orders for his Bronze Star Medal with "V" Device.

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 9 October 1967.  He completed training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  In June 1968, he was reclassified and awarded primary MOS 11B (Light Weapons Infantryman).

3.  Headquarters, 9th Infantry Division General Orders Number 9999, dated 18 October 1968, awarded him the Bronze Star Medal with "V" Device.  A copy of these orders is included in his official record.

4.  On 29 March 1969, he was notified that he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Gold Star as a personal award.

5.  His official record also includes orders for:

* an Air Medal (for the period 8 March 1968 to 9 June 1968)
* two Army Commendation Medals
* the Combat Infantryman Badge
* the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* the Expert Marksmanship Qualification Badge with Pistol Bar
* the Expert Marksmanship Qualification Badge with Mortar Bar 

6.  His DA Form 20 (Enlisted Qualification Record) shows: 

* promotion to the rank/grade of staff sergeant (SSG)/E-6, effective 1 March 1969
* assignment in Vietnam to Company B, 3rd Battalion, 39th Infantry Regiment 
* conduct and efficiency ratings of exclusively "excellent"
* award of the 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal
* Vietnam Unit Citation
* Army Commendation Medal
* Army Commendation Medal with one Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  On 13 May 1969, he was released from active duty after completing 1 year,    7 months, and 5 days of creditable service and no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal
* Air Medal

8.  His record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to 3rd Battalion, 39th Infantry Regiment, it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (twice), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

10.  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 Federal military service completed on or after 27 August 1940, 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.  
   
11.  Army Regulation 600-8-22 (Military Awards) provides that:
   
   a.  A "V" device is worn on the Bronze Star Medal, Air Medal, and Army Commendation Medal to denote participation in acts of heroism involving conflict with an armed enemy.
   
   b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.
   
   c.  Appendix B lists the designated campaign periods.  Based on his dates of service in Vietnam, he participated during the following five campaign periods: 
   
* Tet Counteroffensive, 30 January 1968 - 1 April 1968
* Counteroffensive Phase IV, 2 April 1968 - 30 June 1968
* Counteroffensive Phase V, 1 July 1968 - 1 November 1968
* Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 
* Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969

   d.  The Republic of Vietnam Gallantry Cross was awarded by the government of the Republic of Vietnam, as a personal decoration, to U. S. military personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  This decoration was awarded in one of four degrees: with Palm, Gold Star, Silver Star, or 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. 
   
   e.  The unit citation of the Gallantry Cross was awarded by the government of the Republic of Vietnam to U.S. military units for valorous combat achievement.  Except in rare cases, it was awarded with Palm and is designated as the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  (Note: To differentiate this as a unit award and not a personal award, the ribbon is issued with a palm device enclosed within a gold frame.
   
   f.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation is to be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records are to indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty from 9 October 1967 through 13 May 1969.  He distinguished himself as evidenced by his combat service, his conduct and efficiency ratings, and his promotion to the rank/grade of SSG/E-6.  His record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his period of service from 9 October 1967 through         13 May 1969 and to correct his DD Form 214 to show it. 
2.  His DD Form 214 does not show that his Bronze Star Medal award included the "V" Device.  It would be appropriate to correct his DD Form 214 to show this award with the accouterment.

3.  His record shows he was awarded the Army Commendation Medal with an oak leaf cluster, whereas his DD Form 214 shows only a single award.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.

4.  He served in Vietnam during five campaign periods.  Accordingly, he is authorized to wear a silver service star on his Vietnam Service Medal.  It would be appropriate to correct his DD Form 214 to show this accouterment. 

5.  The applicant was awarded and authorized to wear the Republic of Vietnam Gallantry Cross with Gold Star as a personal decoration.  This award is not included on his DD Form 214; therefore, it would be appropriate to correct his 
DD Form 214 to show this personal decoration.  

6.  His unit was authorized the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; however, neither of these awards were included on his DD Form 214.  It would be appropriate to correct this oversight by including them on his DD Form 214.

7.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions during the period he served in Vietnam.  Although he is only authorized to wear a single Republic of Vietnam Gallantry Cross with Palm Unit Citation his DD Form 214 should reflect both awards of this unit citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this award as the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). 

8.  His marksmanship qualification badges were omitted from his DD Form 214.  Therefore, it would be appropriate to show he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14/M-16), Pistol, and Mortar Bars.

9.  He has not provided and the record does not contain any evidence to show he was awarded the Air Medal on more than a single occasion as noted on his DD Form 214.  Without verifiable evidence of entitlement to additional awards of this medal, it is not appropriate to grant this portion of his request.




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 Army Good Conduct Medal for his period of service from 9 October 1967 through 13 May 1969; and
   
   b.  adding to his DD Form 214 the:
   
* Bronze Star Medal with "V" Device in lieu of the Bronze Star Medal
* Army Commendation Medal (2nd Award) in lieu of the Army Commendation Medal
* Army Good Conduct Medal
* One silver service star for wear on his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Gold Star 
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14/M-16), Pistol, and Mortar Bars

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 award of additional Air Medals.  



      ____________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)                                         AR20140005141



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ABCMR Record of Proceedings (cont)                                         AR20140005141



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