IN THE CASE OF: BOARD DATE: 10 August 2020 DOCKET NUMBER: AR20190013543 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 September 1970 in item 24 (Decorations, Medals, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show: * Air Medal with Numeral 58 and V Device * Republic of Vietnam Cross of Gallantry with Silver Star APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 8 October 2019 * DA Form 149 (Application for Correction of Military Record), dated 8 October 2019 * Republic of Vietnam Certificate of the Brave, dated 16 September 1970 * Republic of Vietnam Citation of Certificate of the Brave, dated 16 September 1970 * Translation of Republic of Vietnam Citation of Certificate of the Brave, dated 16 September 1970 * DA Form 66 (Officer Qualification Record) * DD Form 214, for the period ending 25 September 1970 * Page 2, Headquarters, United States Army, Vietnam, General Orders Number 642, dated 24 February 1971 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. His awards of the Air Medal (2nd Award through 58th Award) were authorized on 24 February 1971 after he was discharged. b. His award of the Republic of Vietnam Gallantry Cross with Silver Star was not awarded to his unit for months after his DD Form 214 for the period ending 25 September 1970 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 25 September 1970. His DD Form 214 for this period should be administratively corrected to show award of the: * Numeral 58 to his previously-issued Air Medal with "V" Device * Meritorious Unit Citation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * one silver star to his previously-issued Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber) 4. The Board will consider his request for the award of Republic of Vietnam Gallantry Cross with Silver Star. 5. On 15 December 1967, he enlisted in the U.S. Army Reserve Control Group in a delayed entry status and entered active duty in the Regular Army on 22 January 1968. 6. On 15 December 1968, he was honorably discharged from the Regular Army in order to accept an appointment as a Reserve Warrant Officer of the Army. His DD Form 214 for this period shows in item 24 – he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 7. On 16 December 1968, he was appointed as a Reserve Warrant Officer of the Army. 8. He served in Vietnam from 2 March 1969 through 21 September 1970 and he was assigned to 57th Medical Detachment, 68th Medical Group, Vietnam from 7 March 1969 to 20 March 1970. 9. He provided a copy of: a. Republic of Vietnam, Certificate of Decoration of the Brave, dated 16 September 1970, showing his name and social security number. b. Republic of Vietnam Citation of the Decoration of the Brave, dated 16 September 1970. c. an undated translation of Vietnamese to English of the Republic of Vietnam, Citation of the Decoration of the Brave, stating in effect, in part: (1) He was awarded the Republic of Vietnam Decoration of the Brave. (2) He demonstrated courage while under enemy fire. (3) This was a proclamation of merit for the "Decoration of the Brave" with Silver Star. (4) Especially on the night of 14 September 1970 to the dawn of 15 September 1970, while friendly forces were desperately fighting with the Viet Cong at the forbidden mountain (Chau Doc City), the applicant calmly controlled and landed (his aircraft) in the middle of heavy enemy fire to rescue injured Vietnamese Soldiers. 10. On 25 September 1970, he was honorably relieved from active duty. His DD Form 214 for this period shows in item 24: * Distinguished Flying Cross (2nd Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Aviator Badge * Army Commendation Medal * Bronze Star Medal * Purple Heart (1st Oak Leaf Cluster) * Air Medal with "V" Device 11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, showed orders were issued for the Air Medal with Numeral 58 pertaining to the applicant. 12. His records are void of documentation authorizing his acceptance of the Republic of Vietnam Cross of Gallantry with Silver Star. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board concurred with the corrections addressed in Administrative Note(s) below. 3. The Board noted the decoration bestowed upon him by the Republic of Vietnam and found nothing in the record or in policy that would have prevented authorizing him to accept that foreign decoration. The Board determined the available records are sufficient as a basis for adding the Republic of Vietnam Gallantry Cross with Silver Star to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, in addition to the corrections described in Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Silver Star to his DD Form 214. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * Numeral 58 to his previously-issued Air Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * one silver service star to his previously-issued Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber) REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement and was awarded to units and individuals. It is awarded in four degrees as follows: a. With Palm to a Soldier or unit cited before the Armed Forces. b. With Gold Star to a Soldier or unit cited before a corps. c. With Silver Star to a Soldier or unit cited before a division. d. With Bronze Star to a Soldier or unit cited before a regiment or brigade. 3. U.S. Army Vietnam Regulation 672-2 (Foreign Awards and Decorations) provided that there were no limitations on receipt of the Gallantry Cross. The regulation provided that all awards bestowed on Soldiers by the Republic of Vietnam would be forwarded through command channels to Headquarters, U.S. Army Vietnam, for final approval of acceptance and to be included in Soldiers' records. 4. Department of the Army Pamphlet 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 57th Medical Detachment, 68th Medical Group, Vietnam, was awarded the: a. Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 24, dated 1972, for the period 1 January 1969 to 30 April 1970, a period he was assigned to that unit. b. Meritorious Unit Commendation by DAGO Number 5, dated 1973, for the period 1 May 1970 to 30 April 1971, a period he was assigned to that unit. 5. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013543 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1