IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080001942 


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 award of the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Wound Medal.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), does not show all his awards and decorations.

3.  The applicant provided copies of his DD Forms 214, dated 12 May 1967; and Internet printouts, dated 8 January 2008, describing the various awards he is requesting, in support of his application.

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's records show that he enlisted in the Regular Army for a period of 3 years on 18 January 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the Temporary Disability Retired List (TDRL) on 12 May 1967.  

3.  The applicant’s records show he served in the Republic of Vietnam from 20 August 1965 to 4 June 1966.  He was assigned to Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division.

4.  Item 24 of the applicant's DD Form 214 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), dated 9 June 1963, shows he was awarded the Parachutist Badge, the National Defense Service Medal, the Combat Infantryman Badge, and the Purple Heart (1st Oak Leaf Cluster).  Item 24 does not show award of the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, or the Vietnam Wound Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 8th Cavalry was awarded the Presidential Unit Citation, during the period 23 October 1965 to 26 November 1965, based on Department of the Army General Orders Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period 9 August 1965 to 19 May 1969, based on Department of the Army General Orders Number 59, dated 1969.

8.  The Vietnam Wound Medal was a military decoration of South Vietnam which was first created in 1950.  The decoration was the South Vietnamese equivalent of the Purple Heart and was awarded to any personnel of the South Vietnamese military who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action.  During the Vietnam War, the Vietnam Wound Medal was often issued to ARVN (Army of the Republic of Vietnam) personnel for combat wounds received fighting the forces of North Vietnam or the Vietcong.  The decoration was seldom bestowed upon members of allied militaries (such as the United States military) and then only if the allied soldier in question was attached and under the direct command of a South Vietnamese unit.  For service members of the United States military, the Vietnam Wound Medal is not authorized for wear on a military uniform since it is the foreign equivalent to (or competes with) the Purple Heart medal.  With the fall of South Vietnam in 1975, the Vietnam Wound Medal became obsolete.

9.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.   A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received a conduct and efficiency rating of “Excellent” during his military service. 

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Headquarters, 1st Training Regiment, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 29, dated 3 March 1965, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 19 February 1965.
13.  Headquarters, 3rd Training Regiment-Infantry, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 67, dated 13 May 1965, show the applicant was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.  

14.  Headquarters, 3rd Training Regiment-Infantry, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 65, dated 10 May 1965, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign, 8 March 1965 to 24 December 1965; and the Vietnam Counteroffensive, 25 December 1965 to 30 June 1966, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Republic of Vietnam from 20 August 1965 to 4 June 1966; therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal and is entitled to correction of his records to show this award.  

2.  The evidence of record shows the applicant served in the Republic of Vietnam from 20 August 1965 to 4 June 1966; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his records to show this award.  Furthermore, the applicant participated in two campaigns while serving in the Republic of Vietnam and is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

3.  General Orders show the applicant’s unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar; therefore, he is entitled to correction of his records to show these awards.  

5.  The evidence of record confirms that the applicant served honorably during the period 18 January 1965 to 12 May 1967.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion 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.

6.  With respect to the Vietnam Wound Medal, there is no provision in the Department of Defense (DOD) Manual of Military Decorations and Awards or Army Regulation 600-8-22 for such medal.  Therefore, it is not an authorized award and is neither worn on military uniforms nor shown on military records.  Furthermore, the evidence of record shows that the applicant's wounds during his service in the Republic of Vietnam were recognized by award of the Purple Heart (1st Oak Leaf Cluster).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 January 1965 to 12 May 1967; and

	b.  showing award of the Good Conduct Medal (1st Award), the Presidential Unit Citation, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar. 

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 the applicant's request for award of the Vietnam Wound Medal.



      ___        XXX                ___
                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.

ABCMR Record of Proceedings (cont)                                         AR20080001942



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ABCMR Record of Proceedings (cont)                                         AR20080001942



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