PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 March 2000      
	DOCKET NUMBER:   AR1999028190

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 3 October 1968 to show award of the Purple Heart and the Cross of Gallantry with Silver Star (correctly known as the Republic of Vietnam Cross of Gallantry with Silver Star).

3.  The applicant states that the awards were erroneously omitted from his DD Form 214.  In support of his application, he submits a copy of his DD Form 214, orders and an award certificate for the Purple Heart, and orders and an award certificate for the Gallantry Cross with Bronze Star presented by the Government of Vietnam. 

4.  The applicant’s military records show that he was inducted on 12 October 1965.  He trained as a personnel specialist and was honorably discharged on
3 October 1966 to accept a commission in the USAR.  He was commissioned a second lieutenant in the armor branch of the USAR on 4 October 1966.  The applicant served as a tank unit commander in Vietnam from 12 September 1967 until he was wounded on 26 February 1968 and transferred to a field hospital in Japan on 10 March 1968.  He was relieved from active duty in the rank of first lieutenant on 3 October 1968. 

5.  The applicant’s DD Form 214 with an effective date of 3 October 1968 does not show the Purple Heart or the Republic of Vietnam Cross of Gallantry with Silver Star as authorized awards.

6.  United States Military Assistance Command Vietnam, General Orders Number 647, dated 28 March 1968, shows the applicant was awarded the Purple Heart for wounds received in action on 26 February 1968 in Vietnam.

7.  The Assistant Adjutant General of the United States Military Assistance Command Vietnam signed a letter, dated 27 August 1968, which authorized the applicant to receive and wear a personal award of the Republic of Vietnam Cross of Gallantry with Bronze Star for his actions during the 1968 TET Offensive.  The citation signed by the Republic of Vietnam General Officer authorizes the Republic of Vietnam Cross of Gallantry with Silver Star.     

8.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry 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 Vietnam Cross of Gallantry 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.

CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds sustained on
26 February 1968 in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Notwithstanding the letter authorizing the applicant to receive and wear a personal award of the Republic of Vietnam Cross of Gallantry with Bronze Star, the citation signed by the Republic of Vietnam General Officer shows the applicant was awarded a personal award of the Republic of Vietnam Cross of Gallantry with Silver Star.  Therefore, the Board determined this is an administrative error and the applicant is entitled to correction of his military records to show a personal award of the Republic of Vietnam Cross of Gallantry with Silver Star.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and the Republic of Vietnam Cross of Gallantry with Silver Star.

BOARD VOTE:  

RVO___  EJA_____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028190	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681003	
DISCHARGE AUTHORITY	AR 135-173  	
DISCHARGE REASON	Expiration of Active Duty Commitment – Voluntarily serving on Active Duty	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0094	
3.		
4.		
5.		
6.