BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090019892 


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 (Report of Separation from Active Duty) to show the following:

* TET Counteroffensive [correctly displayed as a bronze service star on the Vietnam Service Medal]
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Defense Expeditionary Service [correctly known as the Armed Forces Expeditionary Medal]
* Combat Service 
* Cold War Victory [correctly known as the Cold War Recognition Certificate]
* American Defense Service Medal

2.  The applicant states the aforementioned awards are not on his DD Form 214 and should be added. 

3.  The applicant provides a copy of his DD Form 214, a DD Form 363A (Certificate of Retirement), and DA Form 2-1 (Personnel Qualification Record).

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 enlisted in the Regular Army on 10 June 1947.  He was trained in and awarded the specialty number and title 773.60 (Ordnance Parts Specialist).  

3.  A DA Form 2-1, item 5 (Oversea Service), contains the following:

* Republic of Vietnam (RVN) 4 April 1965 through 3 April 1966 
* RVN 3 May 1967 through 1 July 1968
* RVN 2 April 1970 through 10 March 1971  

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 29 February 1972 shows he was awarded the National Defense Service Medal (2d Award), the Army Good Conduct Medal (7th Award), Aircraft Crew Member Badge, Air Medal, Parachutist Badge, Meritorious Unit Commendation, Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal with Device 1960, Army Commendation Medal, Bronze Star Medal (2nd Award), the Meritorious Unit Commendation, the Army of Occupation Medal (Germany), RVN Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge (M-14 and M-16 Rifle).

5.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph
2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 to 3 July 1965 shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal.  However, this 


regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No Soldier will be entitled to both awards for service in the Republic of Vietnam.

6.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Ten designated campaigns coincide with the applicant's period of service in the RVN:  Vietnam Defense Campaign, Vietnam Counteroffensive, Vietnam Counteroffensive - Phase II, Phase III, Phase IV, Phase V, Phase VII, TET Counteroffensive, Vietnam Winter-Spring 1970, and DA Sanctuary Counteroffensive.

7.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  It also provides that a silver service star is authorized in lieu of five bronze service stars. 

8.  The applicant has requested award of the Cold War Service Medal.  The Department of Defense does not support the proposed Cold War Service Medal as it is redundant to the Cold War Certificate.  On November 4, 1997, the 105th Congress passed and the President signed into law a bill that authorized the development of a Cold War Certificate of Recognition.  Under the provisions of section 1084 of the National Defense Authorization Act for Fiscal Year 1998, the certificate recognizes the service and sacrifices rendered by members of the Armed Forces during the Cold War period which is defined as 2 September 1945 to 26 December 1991.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further.

9.  Army Regulation 600-8-22 provides for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 to individuals ordered to active duty for a period of 12 months or longer.

10.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It does not provide for entering combat service on the form.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show campaign credit for VSM was carefully considered and is supported by the evidence.  Records show he served in ten qualifying campaigns while in the RVN including the TET Counteroffensive.  He is entitled to award of two silver service stars for wear on the previously-awarded VSM. 

2.  Although the applicant clearly participated in 10 campaigns during his RVN service, there are no provisions for entering combat service on the DD Form 214.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation is already listed on his DD Form 214; therefore his records are correct as currently constituted with regard to this award.

4.  The applicant requested award of the Armed Forces Expeditionary Medal however, his records show he was awarded the Vietnam Service Medal and he is not entitled to both awards. 

5.  The applicant did not serve a qualifying period for award of the American Defense Service Medal and therefore is not entitled to the award.

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 two silver service stars to be affixed to the previously-awarded VSM. 



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:   

* Armed Forces Expeditionary Medal
* American Defense Service Medal
* Combat Service




      _______ _   __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)                                         AR20090019892



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ABCMR Record of Proceedings (cont)                                         AR20090019892



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