IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140006129 


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 the Republic of Vietnam (RVN) Gallantry Cross with Silver Star.  

2.  He states his DD Form 214 is incomplete.

3.  He provides his DD Form 214 and a memorandum, subject:  Authorization for Individual Foreign Award, with an accompanying citation.

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 23 April 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned to duty in Vietnam with:

* Company A, 3d Battalion, 8th Infantry, from 6 October 1968 to 22 March 1969
* Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, from 23 March to 13 September 1969

4.  He participated in four campaigns during his service in Vietnam.

5.  On 16 August 1969, Headquarters, 4th Infantry Division, issued General Orders Number 5403 announcing award of the Army Commendation Medal (ARCOM) to him for meritorious service from September 1968 to September 1969.

6.  His records include a memorandum, subject:  Authorization for Individual Foreign Award, dated 6 October 1969, showing he was authorized to accept and wear the RVN Gallantry Cross with Silver Star.

7.  On 23 January 1970, he was honorably released from active duty in the rank/pay grade of staff sergeant (SSG)/E-6 after completing 1 year, 9 months, and 1 day of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machinegun and Rifle (M-16)Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Air Medal
* Purple Heart

8.  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.  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.  Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

10.  His records are void of documentation indicating he was awarded the Army Good Conduct Medal (AGCM).  There are no adverse actions recorded in the available records, and there is no record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.  He received all "excellent" conduct and efficiency ratings.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the applicant's units were cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1969 to 17 November 1970, by Department of the Army General Order (DAGO) 52, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  He was authorized to accept and wear the RVN Gallantry Cross with Silver Star.  It would be appropriate to correct his DD Form 214 to show this foreign award.

2.  He was awarded the ARCOM.  He is entitled to correction of his DD Form 214 to show this award.

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SSG/E-6, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 April 1968 to 23 January 1970 and to correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.

5.  He was assigned to units in Vietnam during periods for which the units were cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his record to show these unit awards.  

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 23 April 1968 through 23 January 1970;

	b.  deleting from his DD Form 214 the VSM with one bronze service star; and 



	c.  adding to his DD Form 214 the:

* ARCOM
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Silver Star
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



      ___________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)                                         AR20140006129





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ABCMR Record of Proceedings (cont)                                         AR20140006129



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