IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20100030206 


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 that he be authorized or awarded the Army Commendation Medal, Korean Service Medal, Republic of Vietnam (RVN) Wound Medal, American Defense Commemorative Medal, U.S. Army Commemorative Medal, Honorable Service Commemorative Medal, Armed Forces Expert Marksman Medal, 50th Anniversary Korean Commemorative Medal, Airborne and Air Assault Commendation Medal, Overseas Service Commendation Medal, Foreign Expeditionary Service Medal, and the Special Operations Medal.

2.  The applicant states that he should be eligible for all of these awards and they should be added to his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

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 6 February 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B as an infantryman .  He then completed basic parachute training and was awarded the Parachutist Badge.

3.  He served in Vietnam with A Company, 1st Battalion, 503rd Infantry from 16 August 1967 until he was wounded in action on 18 November 1967.  He was medically evacuated to the United States on 19 December 1967.

4.  Following his medical recovery he changed his MOS to 95B (military policeman) and was stationed in Korea from 21 January 1969 to 30 January 1970 where he was promoted to sergeant and authorized the Armed Forces Expeditionary Medal. 

5.  His DA Form 20 (Enlisted Qualification Record) lists his authorized awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Purple Heart, Combat Infantryman Badge, Bronze Star Medal, Armed Forces Expeditionary Medal, Good Conduct Medal, Marksman Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 31 January 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, Combat Infantryman Badge, Bronze Star Medal, Armed Forces Expeditionary Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14.)

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any information pertaining to the applicant.


8.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;
   
   b.  the Vietnam Service Medal is awarded to all qualifying members of the U.S. Armed Forces of the United States.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period, including the Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968;

   c.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;
   
   d.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense;  

   e.  the Army Service Ribbon and the Overseas Service Ribbon were established by the Secretary of the Army on 10 April 1981.  They may be awarded retroactively to personnel who completed the required training before     1 August 1981 if they had a later active Army status;
   
   f.  the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no listed Air Assault Commendation Medal; and the 
   
   g.  the Special Forces (SF) Tab could be awarded to prior to 1 January 1988 for successfully completing the then approved program of instruction for SF qualification in an SF Group, and who were subsequently awarded, the designated skill qualification identifier (SQI) "S" or "3."  Retroactively, any personnel who served with an SF unit during wartime and were either unable to 


or not required to attend a formal program of instruction but were awarded SQI “S,” “3,” or ASI “5G” by competent authority may be eligible for the SF Tab.  There is no listed Special Operations Medal.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows the 1st Battalion, 503rd Infantry was awarded the Presidential Unit Citation for the period 6 through 23 November 1967 by Department of the Army General Order (DAGO) Number 42 of 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 51 of 1971.

10.  Searches of the internet reveal that:

   a.  the Vietnam Wound Medal was the RVN equivalent of the Purple Heart, and was awarded to any South Vietnamese military personnel.  It was bestowed upon allied personnel only if the allied Soldier was attached to and under the direct command of an RVN unit.  U.S. military personnel are not authorized to wear it since it is the foreign equivalent of the Purple Heart.

   b.  the 50th Anniversary Korean Commemorative Medal was authorized for wear during the 50th Anniversary of the Korean War to honor those who served. According to one retailer it is the only commemorative medal that bears the Official Seal of the Department of Defense Korean War Commemoration Committee.

11.  There is no identifiable Armed Forces Expert Marksman Medal.  

12.  Aside from the one French, one Polish, and two German examples, there are no "Commemorative" official awards listed in Army Regulation 600-8-22.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he should be eligible for the Army Commendation Medal, Korean Service Medal, RVN Wound Medal, American Defense Commemorative Medal, U.S. Army Commemorative Medal, Honorable Service Commemorative Medal, Armed Forces Expert Marksman Medal, 50th Anniversary Korean Commemorative Medal, Airborne and Air Assault Commendation Medal, Overseas Service Commendation Medal, Foreign Expeditionary Service Medal, and the Special Operations Medal.

2.  There is no available evidence that the applicant was awarded the Army Commendation Medal.

3.  He was in the Army too late to qualify for the Korean Service Medal, but he is eligible for the Korea Defense Service Medal and it should be added to his DD Form 214.  The 50th Anniversary Korean Commemorative Medal is not an officially authorized military award.

4.  The RVN Wound Medal was an RVN award that was awarded to U.S. personnel only if they were attached to and under the control of the RVN and is not authorized to U.S. personnel because it is the equivalent of the Purple Heart.  

5.  No official military awards named "Commemorative" are applicable to the applicant's service.

6.  In referring to the U.S. Army Commemorative Medal and the Overseas Service Commendation Medal the applicant may have meant the Army Service Ribbon and the Overseas Service Ribbon, but he is not eligible for these because he was not in the Army after 1 August 1981.

7.  There is no identifiable Armed Forces Expert Marksman Medal.  The applicant's qualifications as an Expert with the M-16 Rifle and M-60 Machine Gun and as a Sharpshooter with the M-14 Rifle are noted on his DD Form 214.  However, he also qualified as a Marksman with the .45 caliber pistol and that should be shown on his DD Form 214.

8.  There is no Foreign Expeditionary Service Medal; however, the applicant may have meant the Armed Forces Expeditionary Medal.  It is already on his DD Form 214.

9.  The applicant qualifies for one bronze service star for wear on the Vietnam Service Medal and that should be shown on his DD Form 214.  

10.  He also qualifies for wear of the Presidential Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  They should be added to his DD Form 214.

11.  There is no known Special Forces Medal and no available record that the applicant was awarded or qualified for the Special Forces Tab.  The Air Assault Badge was created after the applicant was discharged.

12.  Except for those that may be identifiable with the above recommendations the applicant's request concerning "commemoratives'" probably apply to items that are not officially authorized U.S. Army military awards.  They are probably available from on-line dealers.


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 the following to the awards listed on his DD Form 214:  

   a.  the Korea Defense Service Medal; 
   
   b.  the Presidential Unit Citation and the RVN Gallantry Cross with Palm Unit Citation;
   
   c.  the Marksman Marksmanship Qualification Badge with Pistol Bar; and 
   
   d.  one bronze service star for wear on the Vietnam Service Medal.
   
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 RVN Wound Medal, any commemorative medal, the Special Operations Medal, and the Armed Forces Expert Marksman Medal.




      ___________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)                                         AR20100030206





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ABCMR Record of Proceedings (cont)                                         AR20100030206



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