IN THE CASE OF:  	  

		BOARD DATE:  30 October 2014	  

		DOCKET NUMBER:  AR20140007069 


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 the following awards be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Vietnam Gallantry Cross with Silver Star
* Army Commendation Medal
* Army Commendation Medal with 1st Oak Leaf Cluster (OLC)
* Bronze Star Medal
* Vietnam Gallantry Cross with Bronze Star
 
2.  The applicant states the requested awards are not listed on his DD Form 214. 

3.  The applicant provides orders for the following awards:

* Army Commendation Medal
* Army Commendation Medal with 1st OLC
* Bronze Star Medal

4.  The applicant also provides two Department of Army Certificates and a Certificate from the Republic of Vietnam.





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 ordered to active duty from the U.S. Army Reserve on 
20 December 1968.  The highest grade attained while on active duty was 1LT/O2.

3.  His DA Form 66 (Officer Qualification Record) shows he was assigned to Vietnam from 9 November 1969 to 19 September 1970 and he served with the United States Military Assistance Command.

4.  He was honorably released from active duty on 21 September 1970.  His DD Form 214 shows he completed 1 year, 9 months, and 2 days of net active service.  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Two overseas service bars

5. General Orders Number 4970, dated 16 September 1970, issued by Headquarters, United States Military Assistance Command, Vietnam, awarded him the Army Commendation Medal for meritorious service.

6. General Orders Number 4993, dated 18 September 1970,  issued by Headquarters, United States Military Assistance Command, Vietnam, awarded him the Army Commendation Medal (1st OLC) for meritorious achievement.

7.  General Orders Number 5469, dated 14 October 1970, issued by Headquarters, United States Military Assistance Command, Vietnam, awarded him the Bronze Star Medal for meritorious service.

8.  Republic of Vietnam, Army of the Republic of Vietnam, Order Number 0035, dated 13 July 1970, awarded him the Republic of Vietnam Gallantry Cross with Bronze Star.  On 17 August 1970, United States Military Assistance Command, Vietnam authorized him to accept and wear it.

9.  There are no citations or letters authorizing the applicant to receive and wear the Republic of Vietnam Gallantry Cross with Silver Star.

10.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have 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.

11.  A review of his records indicates entitlement to additional awards not listed on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 59, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows the United States Assistance Command, Vietnam, is entitled to the Meritorious Unit Commendation (MUC), based on General Orders 5, dated 1971.





14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (l July 1970 - 30 June 1971) 

DISCUSSION AND CONCLUSIONS:

1.  RVN orders awarded him the Republic of Vietnam Gallantry Cross with bronze star and he was authorized to accept and wear it.

2.  Orders show he was awarded the following awards.  Therefore, he is entitled to correction of his DD Form 214 to show these awards: 

* Army Commendation Medal
* Army Commendation Medal with 1st OLC
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

3.  The applicant was also awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with three bronze service stars.

4.  The criteria for award of the Republic of Vietnam Gallantry Cross with silver star is clear in that 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.

5.  There are no citations or letters in the applicant's available records authorizing him to receive and wear the Republic of Vietnam Gallantry Cross with silver star.








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. deleting from his DD Form 214 the Vietnam Service Medal and

   b. adding to his DD Form 214:

* Army Commendation Medal (1st OLC)
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Bronze Star
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars

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 the Republic of Vietnam Gallantry Cross with Silver Star.  




      _______ _   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)                                         AR20140007069





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ABCMR Record of Proceedings (cont)                                         AR20140007069



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