IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090010345 


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 the following awards:  the Army Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation with 3rd Oak Leaf Cluster, the Meritorious Unit Commendation, the Vietnamese Unit Citation, the "Airborne and Air Assault Commemorative," and the "Overseas Service Commemorative."

2.  The applicant states, in effect, that the cited awards and decorations were blanket-issued to all members assigned to the 173rd Airborne Brigade (Separate) at that time.

3.  The applicant provides copies of his DD Form 214, dated 22 July 1965, and a combat service citation, dated 17 October 2002, in support of his request.

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.  With respect to the issuance of commemorative medals, most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, part 578, lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Army Regulation 600-8-22 (Military Awards) provides that such medals may not be shown on the DD Form 214.  In addition, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wear of commemorative medals.  Some commemorative medals are authorized by the U.S. Congress and minted by the U.S. Mint.  However, award of such medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.  Therefore, the issue of commemorative medals will not be discussed further in this Record of Proceedings.

3.  The applicant's records show he was inducted into the Army of the United States and entered active service on 29 July 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Assistant).  He was honorably released from active duty on 22 July 1965 in the rank/grade of private first class/E-3 and was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

4.  The applicant's records show he served in the Republic of Vietnam from on or about 5 May 1965 to on or about 18 July 1965.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade (Separate).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), the Parachutist Badge, the Combat Infantryman Badge, and the Armed Forces Expeditionary Medal.

6.  The applicant's records do not contain official orders awarding him the Army Good Conduct Medal.  

7.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows that during his assignment to the 2nd Battalion (Airborne), 503rd Infantry, the applicant received a "fair" conduct and efficiency rating from 12 February 1964 to 27 July 1964 and an "excellent" rating from 28 July 1964 to 19 July 1965.  Additionally, the applicant's records contain a history of acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) as follows:

	a.  on 4 February 1964, for failing to go at the time prescribed to his appointed place of duty; his punishment consisted of a forfeiture of pay;

	b.  on 17 April 1964, for patronizing an off-limits area and being arrested by the Military Police; his punishment consisted of restriction and extra duty;

	c.  on 11 May 1964, for speeding; his punishment included a forfeiture of pay, suspension of his license, extra duty, and restriction; and

	d.  on 21 June 1965, for sleeping on an ambush patrol; his punishment consisted of a forfeiture of pay.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

9.  Army Regulation 600-8-22 provides for the following awards: 

	a.  The Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960), 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.

	b.  The Vietnam Service Medal was 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.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Furthermore, the regulation states that service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

10.  The case analyst of record contacted the applicant on 26 October 2009 and explained to him that no service member may be issued both medals for the same service in Vietnam.  The applicant elected to keep the Armed Forces Expeditionary Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 2nd Battalion (Airborne), 503rd Infantry, in Vietnam, this unit was awarded the Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967 based on Department of the Army General Orders Number 48, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 based on Department of the Army General Orders Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion (Airborne), 503rd Infantry, was also awarded several awards of the Presidential Unit Citation prior to and after his service with this unit in Vietnam.  Additionally, the Forward Air Controllers and Vietnamese Interpreters of this unit were awarded the Presidential Unit Citation.

13.  A review of the applicant's records indicates his entitlement to an additional award which is not shown on his records. 

14.  Army Regulation 600-8-22 provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show several awards.

2.  General orders awarded the applicant's unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows the applicant entered active duty on 29 July 1963 and was honorably released on 22 July 1965.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

4.  With respect to the Vietnam Service Medal, the applicant was awarded the Armed Forces Expeditionary Medal for his Vietnam service.  The applicable regulation states that service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for same service in Vietnam.  The applicant elected to retain the Armed Forces Expeditionary Medal.

5.  With respect to the Republic of Vietnam Campaign Medal with Device (1960), the evidence of record shows the applicant served in the Republic of Vietnam fort a period of 2 months and 14 days from on or about 5 May 1965 to on or about 18 July 1965; therefore, he did not serve a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).

6.  The evidence of record confirms that the applicant served honorably during the period 29 July 1963 through 22 July 1965.  He completed a period of service in Vietnam and was awarded the Combat Infantryman Badge; however, he received a "fair" conduct and efficiency rating during a portion of his military service and his records contain derogatory information in the form of four instances of NJP under the UCMJ.  Regrettably, he does not meet the criteria for award of the Army Good Conduct Medal.

7.  With respect to the Presidential Unit Citation, the evidence of record shows that the applicant's unit of assignment in Vietnam was awarded three awards of the Presidential Unit Citation; however this occurred prior to or after his assignment to this unit.  Additionally, there is no indication in his records that he was assigned to any other unit that was awarded the Presidential Unit Citation.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ____x____  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 adding National Defense Service Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Presidential Unit Citation with 3rd Oak Leaf Cluster.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090010345



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ABCMR Record of Proceedings (cont)                                         AR20090010345



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