IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000023 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: 5 September 2018 DOCKET NUMBER: AR20170000023 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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. awarding him the Army Good Conduct Medal (1st Award) for the period 24 March 1970 through 16 December 1971. b. deleting from his DD Form 214 the Vietnam Service Medal and adding: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge 2. The Board further determined that 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: 5 September 2018 DOCKET NUMBER: AR20170000023 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 two awards of the Republic of Vietnam (RVN) Gallantry Cross, one of which was authorized by Department of the Army General Orders (DAGO) Number 43, issued in 1970, and one of which was authorized by DAGO Number 8, issued in 1974. 2. He states his foreign service in Vietnam from 18 January to 16 December 1971 is a qualifying period for these awards in accordance with the DAGOs referenced. 3. The applicant provides references to DAGO Number 8 and DAGO Number 43. 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. On 24 March 1970, he was inducted into the Army of the United States and he served in military occupational specialty 71B (clerk typist). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. item 31 (Foreign Service) shows he served in the RVN from 18 January 1971 to 17 December 1971. b. item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Headquarters and Headquarters Company, U.S. Army Inventory Control Center, from 25 January 1971 to 12 December 1971. c. item 38 shows he received all "excellent" conduct and efficiency ratings throughout his period of service. d. item 41 (Awards and Decorations) does not show award of the RVN Gallantry Cross. 4. Headquarters, U. S. Army Training Center, Armor, Fort Knox, KY, Special Orders (SO) Number 138, dated 18 May 1970, which awarded him the Sharpshooter Marksmanship Qualification Badge. 5. On 16 December 1971, he was honorably released from active duty in the rank of specialist five (SP5/E-5). His DD Form 214 shows that he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Army Commendation Medal 6. There is no evidence in the available records showing he was awarded the Army Good Conduct Medal nor is there a commander's Army Good Conduct Medal disqualification statement in his record. 7. The applicant provides references to DAGO Number 8 and DAGO Number 43. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Military Awards), in effect at the time, provided the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the RVN 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. Approval to accept and to wear a personal award of the RVN 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. 3. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. a. DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. b. DAGO 43, dated 12 August 1970, announced award of the RVN Gallantry Cross with Palm Unit Citation to numerous units. 4. AR 600-8-22 (Military Awards) provides a bronze service star is authorized with Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Vietnam he participated in the Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II. DISCUSSION: 1. He served honorably from 24 March 1970 through 16 December 1971. During this period he served in the RVN, attained the rank of SP5, and he received all "excellent" conduct and efficiency ratings. His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 2. SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not recorded on his DD Form 214. 3. DAGO Number 8 awarded the RVN Gallantry Cross with Palm Unit Citation to all military personnel assigned to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. This award is not listed on his DD Form 214. 4. DAGO Number 43 was published in 1970 prior to the applicant’s service in Vietnam. He would not have been eligible for any awards authorized by this DAGO. 4. His participation in three campaigns authorizes him three bronze service stars for wear on his already-awarded Vietnam Service Medal. This award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000023 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2