BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140010371 


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 to have award orders filed in his official military personnel file (OMPF) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Bronze Star Medal (BSM) (3rd Award) with "V" Device
* Army Commendation Medal (ARCOM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Gallantry Cross with Silver Star

2.  The applicant states:

* his DD Form 214 contains clerical errors
* some of his awards were not included on his DD Form 214
* he was awarded the RVN Gallantry Cross with Silver Star but he never received any orders
* he knows the orders exist because his former battalion commander saw the orders in his file and they were on the same orders
* the orders had his social security number but his last name was misspelled
* he believes there is a copy of the order in the former commander’s official military personnel file or under the misspelled name  
 
3.  The applicant provides:

* orders
* DD Form 214
* self-authored statement

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 14 December 1968, the applicant took his oath of office as a Reserve commissioned officer in the rank of second lieutenant (2LT), pay grade O-1.
He was ordered to active duty on 26 January 1969.

3.  His DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) he was assigned to the following units in Vietnam:

* 2nd Battalion, 18th Infantry, 1st Infantry Division from 26 November 1969 to 29 March 1970 
* Company B, 1st Battalion, 46th Infantry, Americal Division from 30 March 1970 to 17 November 1970

4.  On 24 August 1970, Headquarters, Americal Division, issued General Orders Number 11239 awarding him the ARCOM for meritorious achievement during the period 7 June 1970 through 12 June 1970.

5.  On 30 September 1970, Headquarters, Americal Division, issued General Orders Number 13159 awarding him the BSM (3rd Award) for meritorious service during the period November 1969 through November 1970.

6.  On 26 November 1970, he was honorably relieved from active duty.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal 
* Combat Infantryman Badge (CIB)
* BSM (2nd Award) with V Device 
* "BSM 92d OLC)"

7.  His OMPF contains orders for all awards he is authorized; however, his OMPF contains no citations or letters authorizing him to receive and wear the Republic of Vietnam Gallantry Cross with Silver Star.

8.  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 acceptance and wear of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration was awarded to personnel who had conducted themselves with heroic action and had 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.  To accept and 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.  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) 
* Vietnam Counteroffensive Phase VII (l July 1970 - 30 June 1971) 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

     a.  The 2nd Battalion, 18th Infantry, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970, by DAGO Number 53, dated 1970. 

     b.  The 1st Battalion, 46th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 31 March 1970 through 30 June 1970, by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to support the applicant's contention regarding the RVN Gallantry Cross with Sliver Star.  Award of the RVN Gallantry Cross with Silver Star requires a citation from the foreign government and a letter authorizing the recipient to accept and wear the decoration.  His records do not contain and he does not provide any evidence showing he was authorized to receive and wear the RVN Gallantry Cross with Silver Star.  In the absence of such evidence, there is an insufficient basis for adding this foreign award to his DD Form 214.

2.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor First Class Unit Citation for periods that coincided with his tenure in the unit.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

3.  General orders awarded him the ARCOM and the BSM (3rd Award).  As a result of a typographical error, his third award of the BSM was listed as "BSM 92d OLC)."  He is entitled to have his records corrected to show these awards accurately.

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

5.  Therefore his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  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 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:

* "VSM"
* "BSM w/V (1st OLC)"
* "BSM 92d OLC)"

	b.  adding the following to his DD Form 214:

* BSM (3rd Award) with "V" Device 
* ARCOM
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Action Honor First Class Unit Citation

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 the RVN 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)                                         AR20140010371



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ABCMR Record of Proceedings (cont)                                         AR20140010371



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