PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 April 2000                  
	DOCKET NUMBER:   AR1999033384

	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.  

	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchann		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 award of the Republic of Vietnam Gallantry Cross with Bronze Star.

3.  The applicant states that he received this award from a lieutenant colonel in the Republic of Vietnam Army.

4.  The applicant’s military records show that he entered active duty on 15 November 1965 and completed training as a communications specialist.  He served in Vietnam from 10 January 1967 through 10 August 1968 and was honorably discharged on 11 August 1968.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Republic of Vietnam Gallantry Cross with Bronze Star as an authorized award.  However, the applicant provided an award certificate which shows that he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star for his actions in the III Corps Tactical Zone in Bien Hoa District from 31 January to 3 February 1968 which was during the enemy’s 1968 Tet Offensive.  The applicant also provided an official photograph of the award ceremony taken by an Army photographer from the 221st Signal Company (Pictorial) on 18 April 1968 at Long Binh, Vietnam.

6.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1966 to 15 February 1967 by Department of the Army General Orders Number 54, dated 1968.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 30 September 1967 to 29 February 1968 by Department of the Army General Orders Number 42, dated 1969.  This unit was also cited for a third award of the Meritorious Unit Commendation for actions during the period 1 March 1968 to 1 October 1968 by Department of the Army General Orders Number 48, dated 1971.

8.  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 Number 8, dated 1974.

9.  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 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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star as a personal decoration; however, it appears through no fault of the applicant that the award was inadvertently never processed by United States Army Vietnam for inclusion in his records.  Therefore, the Board, as an exception to the regulation in effect at the time the award was presented, authorizes the applicant to receive and wear the Republic of Vietnam Gallantry Cross with Bronze Star.  In view of the foregoing, the applicant is also entitled to correction of his records to show award of the Republic of Vietnam Gallantry Cross with Bronze Star.

2.  General Orders show the unit to which the applicant was assigned in Vietnam was cited three times for award of the Meritorious Unit Commendation during his tenure.  Therefore, the applicant is entitled to three awards of the Meritorious Unit Commendation (Meritorious Unit Commendation with two Oak Leaf Clusters) and correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 15 November 1965 through 11 August 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
4.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

5.  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 the applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star as a personal award, the Meritorious Unit Commendation with two Oak Leaf Clusters, the Good Conduct Medal for the period 15 November 1965 through 11 August 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000427	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680811	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.