IN THE CASE OF: BOARD DATE: 25 September 2014 DOCKET NUMBER: AR20140000899 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal (BSM) with "V" Device, the Air Medal (AM) (2nd and 3rd Awards), and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star. 2. He states he received these awards by mail after he was discharged. 3. The applicant provides: * DD Form 214 * BSM orders and certificate * AM orders * orders for the RVN Gallantry Cross with Bronze Star 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 Regular Army on 13 February 1967 for 3 years. He was honorably discharged on 31 January 1968 for the purpose of accepting a commission in the U.S. Army Reserve. On 1 February 1969, he was appointed as a Reserve commissioned officer of the Army in the Army aviation branch and entered extended active duty. 3. His DA Form 66 (Officer Qualification Record) shows the following: * item 17 (Foreign Service) - he served in the Republic of Vietnam (RVN) from 14 July 1969 to 13 July 1970 * item 18 (Record of Assignments) – he was assigned to the 57th Aviation Company, 1st Aviation Brigade before he became a patient on 9 October 1969 * he returned to the same unit on 10 December 1969 to complete his tour of duty 4. General Orders (GO) Number 201, issued by Headquarters, 1st Aviation Brigade on 12 January 1970, awarded him the AM for the period 22 July to 21 August 1969. 5. GO Number 1597, issued by Headquarters, 1st Aviation Brigade on 17 March 1970, awarded him the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster) with "V" Device, for heroism on 12 January 1970. 6. GO Number 6438, issued by Headquarters, 1st Aviation Brigade on 15 July 1970, awarded him the BSM with "V" Device for heroism on 6 April 1970. 7. GO Number 10233, issued by Headquarters, 1st Aviation Brigade on 16 October 1970, awarded him the AM (2nd and 3rd Awards) for the period 22 August to 29 September 1969. 8. He also provided a copy of "ONG –LENH SO O27/BK24/PI/CP" which lists his name, rank, service number and a citation. This document is dated 6 April 1970 and is written in Vietnamese for award of the RVN Gallantry Cross with Bronze Star. In addition, he provided an English translation of the same document. It states: Although receiving heavy fire from the enemy (the applicant) calmly and bravely flew his helicopter to evacuation [sic] 7 ARVN wounded out of the enemy area. 9. The records do not contain documentation that shows he was authorized by the Commanding General, United States Army, Vietnam to wear the RVN Gallantry Cross as a personal decoration. 10. On 15 August 1971, he was honorably released from active duty. He completed a total of 4 years, 6 months, and 2 days of total active service with 1 year of foreign service. His DD Form 214 for this period shows he received the following awards and decorations: * Purple Heart * Air Medal * Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Army Aviator Badge * Parachutist Badge 11. 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. a. This regulation governed award of the RVN Gallantry Cross as a personal decoration. This decoration is awarded by the Government of the Republic of South Vietnam to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. b. The RVN Gallantry Cross 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, 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. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. During the applicant's tour of duty, the 57th Aviation Company earned the following awards: * Valorous Unit Award for the period 14 August 1969 through 20 January 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972 * RVN Gallantry Cross with Palm Unit Citation for the period 1 April through 26 June 1970 by DAGO Number 11, dated 1973 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 July through 21 December 1970 by DAGO Number 5, dated 1973 13. Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era. It shows he served in Vietnam during four named campaigns. 14. Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B. Authorized bronze service stars will be worn on the Vietnam Service Medal. 15. Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM. For example, the numeral 3 denotes the third award of the AM. DISCUSSION AND CONCLUSIONS: 1. General orders awarded him the BSM with "V" Device for heroism on 6 April 1970. As such, he is entitled to correction of his DD Form 214 to show this award. 2. His record contains orders that show he was first awarded the AM on 12 January 1970. He provided additional orders that show he was awarded the AM (2nd and 3rd Awards) on 16 October 1970. Therefore, his DD Form 214 should be amended to show these additional awards. 3. He provided the Vietnamese and English versions of the award of the RVN Gallantry Cross with Bronze Star. While he did not provide the authorization letter from the Commanding General, United States Army Vietnam to accept and wear this award, it is reasonable to presume that given his heroic efforts in which he was awarded both the BSM and ARCOM with "V" Device, he was authorized to wear this award. As such, this award should be added to his DD Form 214. 4. The 57th Aviation Company was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation by general orders during his tour of duty. He is entitled to have these unit awards added to his DD Form 214. 5. His DD Form 214 shows he received the Vietnam Service Medal. However, he served during four named campaigns and is authorized four bronze service stars for wear on this medal and correction of his DD Form 214. BOARD VOTE: ___X____ ____X___ ___X___ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 15 August 1971 as follows: a. deleting the Air Medal and Vietnam Service Medal and b. adding the following awards: * Bronze Star Medal with "V" Device * Air Medal with Numeral 3 * RVN Gallantry Cross with Bronze Star * Valorous Unit Award * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with four bronze service stars _______ _ 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) AR20140000899 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000899 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1