IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160018607 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: 19 September 2018 DOCKET NUMBER: AR20160018607 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 adding the Special Forces Tab 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 any relief in excess of that described above. ____________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: 19 September 2018 DOCKET NUMBER: AR20160018607 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 (Certificate of Release or Discharge from Active Duty) to show award of the: * Special Forces Tab * Vietnam Special Forces Honorary Jump Wings * Republic of Vietnam Gallantry Cross with Silver Star 2. The applicant states he did not have the documents at the time of his retirement. 3. The applicant provides: * DD Form 214 * a memorandum * Public Order Number 79 * a certificate * Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate 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. Having 6 years, 8 months and 26 days prior active service, the applicant entered active duty as a member of the Regular Army on 8 November 1966. 3. Evidence shows he completed the 18-week Special Forces Training Course in 1963 at Fort Bragg, NC and he served in the Republic of Vietnam for the periods: * 2 December 1966 to 1 November 1967 * 23 July 1968 to 20 July 1969 * 28 December 1970 to 6 December 1971 4. The applicant honorably retired due to length of service on 31 March 1983. The DD Form 214 he was issued shows he was awarded or authorized the: * Bronze Star Medal * Meritorious Service Medal * Air Medal with "V" Device (2nd Award) * Air Medal (44th Award) * Army Commendation Medal * Purple Heart * Presidential Unit Citation * Meritorious Unit Citation * Navy Unit Citation * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with one silver and two bronze service stars * Army Service Ribbon * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Army Aviator Badge * Senior Army Aviator Badge * Master Army Aviator Badge * Overseas Service Bar (6th Award) * Overseas Service Ribbon (2nd Award) 5. Permanent Orders 282-6 issued by the United States Army John F. Kennedy Special Warfare Center and School, Fort Bragg, N.C. on 8 October 1996 awarded him the Special Forces Tab effective 23 November 1963. 6. The applicant provides: a. A memorandum and certificate which shows the applicant was granted the Vietnam Special Forces Honorary Jump Wings on 13 February 1968. b. Public Order Number 79, which translates the citation and the Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate with Silver Star dated 24 May 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel. Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned. The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records. 2. 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. Permanent orders awarded him the Special Forces Tab, which is not listed on his DD Form 214. 2. The evidence shows he was presented Vietnam Special Forces Honorary Jump Wings and certificate by Vietnam Forces; however, Army Regulation 600-8-22 specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records. 3. The applicant provided a copy of his Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate with Silver Star and a translation of the citation; however, 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. Unfortunately, there is no evidence in his military records to show he was ever authorized to accept and wear this foreign award as required by the governing regulation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018607 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018607 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2