IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140006354
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 award of the Republic of Vietnam Gallantry Cross as an individual award/a personal decoration.
2. The applicant states it was awarded to every American who served in Vietnam from 1 March 1961 to 28 Mach 1973.
3. The applicant provides a veterans news article.
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 enlisted in the Regular Army on 26 October 1970 and he held military occupational specialty 76P (Stock Control and Accounting Specialist).
3. He served in Vietnam from 21 August 1971 to 28 March 1972. He was assigned to the 304th Supply and Service Company.
4. He was honorably released from active duty on 25 October 1973. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. On 31 July 2002, in response to his application, the Board granted him full relief in relation to several individual and/or unit awards. As a result, on 26 December 2012, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that:
* deleted the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal
* added the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (2nd Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Good Conduct Medal, and an overseas service bar
6. His records do not contain and he does not provide documents showing officials of the Republic of Vietnam awarded him the Republic of Vietnam Gallantry Cross as an individual award/personal decoration. Likewise, his records do not contain and he does not provide documents confirming he was authorized to accept and wear this foreign award (if it had been awarded).
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:
* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973
8. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's records and he provides none to show an approved foreign individual award was provided to him with the original citation from the foreign government (Republic of Vietnam), a translation of the citation, and/or a letter from the Department of the Army authorizing him to receive and wear the decoration.
2. The applicant is possibly referring to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is awarded to the U.S. Military Assistance Command and its subordinate units from 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units from 20 July 1965 to 28 March 1973. If that is the case, it is noted that the applicant has already been issued a DD Form 215 showing this foreign award. A copy of the previously-issued DD Form 215 will be provided to him.
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) AR20140006354
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ABCMR Record of Proceedings (cont) AR20140006354
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