IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013393 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013393 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 the Vietnam Service Medal from his DD Form 214; and b. adding the Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars to his DD Form 214. 2. The Board further determined 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 correction of his DD Form 214 to show the Bronze Star Medal with "V" Device. _____________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. IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150013393 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal with "V" Device, Army Commendation Medal, and a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. 2. The applicant states he received a nomination for the Bronze Star Medal with "V" Device while still in Vietnam. Information concerning his nomination for the Bronze Star Medal with "V" Device was not transferred to his 201 file along with his discharge documentation due to his expiration term of service. 3. The applicant provides his DD Form 214; memorandum, dated 26 November 1968; and his citation for the Army Commendation Medal. 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 was inducted into the Army of the United States on 1 December 1966. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) and item 38 (Record of Assignments) show he served in Vietnam from 25 July to 30 December 1968 and he was assigned to Headquarters Company, 1st Battalion, 11th Infantry, 5th Infantry Division. b. Item 41 (Awards and Decorations) does not contain any entries for the Bronze Star Medal with "V' Device, Army Commendation Medal, or the Republic of Vietnam Gallantry Cross with Bronze Star. 4. He provided a memorandum, subject: Vietnamese Cross of Gallantry with bronze, dated 26 November 1968, that shows a commanding general authorized him to accept and wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. He did not provide the signature page showing the signature authority for this memorandum. However, the memorandum contains his correct name and service number and it appears authentic based on the period that it was generated. 5. His service record does not include a recommendation or orders authorizing him the Bronze Star Medal with "V" Device. 6. The Army released him from active duty on 4 January 1969 and transferred him to the U.S. Army Reserve Control Group (Annual Training) on the following date. His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Medical Badge, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. 7. His record contains a DD Form 215 dated 9 June 2008 that amended his DD Form 214 to show the Army Commendation Medal. REFERENCES: 1. 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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 August to 2 November 1968 by Department of the Army General Order (DAGO) Number 43, dated 1970. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal. Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on these medals. c. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Table B-1 shows that during his service in Vietnam, the applicant participated in the following two campaigns: * Vietnam Counteroffensive Phase V - 1 July - 1 November 1968 * Vietnam Counteroffensive Phase VI - 2 November 1968 - 22 February 1969 3. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam 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 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. DISCUSSION: 1. The applicant contends that he was nominated for the Bronze Star Medal with "V" Device while in Vietnam. However, his service record is void of evidence and he has not provided any evidence, which shows he was awarded the Bronze Star Medal with "V" Device. Additionally, Army Regulation 600-8-22 states that the Bronze Star with "V" Device, as with all personal decorations, requires a formal recommendation, approval through the chain of command, and announcement in orders. Based on the criteria in Army Regulation 600-8-22, there is insufficient evidence to show he met the criteria for award of the Bronze Star Medal with "V" Device. 2. His record contains a DD Form 215, which amended his DD Form 214 to add the Army Commendation Medal. Therefore, no correction is necessary to reflect this award. The applicant will be provided a copy of this DD Form 215. 3. The applicant provided a memorandum showing he was authorized to accept and wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. Even though the memorandum is missing the signature page, it appears authentic and it contains the applicant’s correct name and service number. His DD Form 214 does not reflect this award. 4. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not reflect this unit award. 5. The applicant's DD Form 214 currently reflects the Vietnam Service Medal. However, he participated in two campaigns during his service in Vietnam. Two bronze services stars should be reflected on his Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013393 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013393 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2