IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015	  

		DOCKET NUMBER:  AR20140011274 


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 award of the Combat Medical Badge (CMB) and Army Good Conduct Medal (AGCM) and an individual award of the Republic of Vietnam (RVN) Gallantry Cross.  

2.  He states:

* he was not awarded the CMB or AGCM
* he was not awarded the RVN Gallantry Cross, but he was awarded the Bronze Star Medal (BSM) with "V" Device and the Army Commendation Medal (ARCOM) for deeds of valor and heroism in Vietnam
* he served as a combat medic in Vietnam but was not awarded the CMB

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

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 16 October 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He was later awarded MOS 91B (Medical Noncommissioned Officer).  He achieved the rank/grade of specialist five (SP5)/pay grade E-5.  

3.  On 6 March 1968, Headquarters, The U.S. Army Medical Training Center, Fort Sam Houston, TX, issued Special Orders Number 51 directing the applicant's reassignment to duty in Vietnam on or about 17 April 1968.  His records show he was assigned as ordered.

4.  During his service in Vietnam, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry, 4th Infantry Division.  He participated in four campaigns.  

5.  On 30 July 1968, Headquarters, 4th Infantry Division, issued Special Orders Number 212 awarding the CMB to the applicant.  

6.  On 16 March 1969, Headquarters, 4th Infantry Division, issued Special Orders Number 75 directing the applicant report for processing for return to the continental United States (CONUS) on 10 April 1969.  He was to be assigned to a CONUS unit on or about 17 April 1969.  His records show he was assigned as ordered.  

7.  On 15 October 1969, he was honorably released from active duty after completing 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with bronze service star
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* Combat Infantryman Badge (CIB)
* BSM with "V" Device
* ARCOM

8.  His records are void of documentation showing he was awarded the RVN Gallantry Cross as an individual award or that he received authorization to accept and wear this award.  
9.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.  He received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, 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.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  U.S. Army Vietnam (USARV) 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 RVN Gallantry Cross required approval by the Commanding General of USARV.  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.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  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.  This pamphlet shows the 3rd Battalion, 12th Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of documentation showing he was awarded the RVN Gallantry Cross as an individual award or that he was authorized to accept and wear this award.  This Board is not empowered to confer an award given by a foreign government; it can only correct the record to show a foreign award was received based on evidence that an applicant was granted permission to accept and wear the award.  As such, there is an insufficient basis upon which to grant the portion of his requested relief pertaining to an individual award of the RVN Gallantry Cross.  

2.  He was awarded the CMB, which was the appropriate award for a medic serving with an infantry unit.  He did not hold an infantry MOS at any time during his military service; therefore, it appears the entry for the CIB on his DD Form 214 resulted from an administrative error.  It would be appropriate to correct his DD Form 214 by deleting the CIB and adding the CMB.  

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP5, 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 him 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 16 October 1967 to 15 October 1969 and correct his final DD Form 214 to show this award.

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

5.  Although there is no evidence that he was authorized to accept and wear an individual award of the RVN Gallantry Cross, his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  His unit was also cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.  

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 AGCM (1st Award) for the period 16 October 1967 to 15 October 1969; and 

	b.  amending his DD Form 214 by deleting "VSM w/BSS" and "CIB" and adding –  

* AGCM (1st Award)
* VSM with four bronze service stars
* CMB
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal 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 an individual award of the RVN Gallantry Cross.  



      _______ _   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)                                         AR20140011274





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ABCMR Record of Proceedings (cont)                                         AR20140011274



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