IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110020773 


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 records to show award of the Air Medal, Army Service Medal/Ribbon, and Overseas Commemorative Medal.

2.  The applicant states the awards were not announced in general orders; however, the Air Medal is recorded on his separation document.

3.  The applicant provides his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 DD Form 214 for the period ending 28 July 1960 shows he had honorable enlisted service in the Regular Army (RA) from 7 January 1958 through 28 July 1960.

3.  He reenlisted in the RA on 29 July 1960 for a period of 6 years.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):

* Korea from 25 September 1958 through 10 October 1959
* Germany from 19 September 1960 through 5 September 1963
* Vietnam from 16 August 1965 through 21 June 1966

	b.  item 38 (Record of Assignments):  Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from 15 September 1965 to an unspecified date in June 1966;

	c.  item 39 (Campaigns):  no entry (blank); and

	d.  item 41 (Awards and Decorations):

* Combat Infantryman Badge
* Vietnam Service Medal
* one overseas service bar
* National Defense Service Medal

5.  1st Cavalry Division (Airmobile) General Orders Number 1303, dated 1 May 1966, awarded the applicant the Air Medal for meritorious achievement from 15 September 1965 to 26 February 1966.

6.  A Standard Form 600 (Chronological Record of Medical Care), dated 11 June 1966, shows the applicant was examined at Letterman General Hospital, San Francisco, California, because he was "returning from Vietnam for routine rotation."

7.  The applicant's DD Form 214 for the period ending 21 July 1966 shows he was honorably discharged from the RA.  He completed 5 years, 11 months, and 23 days of net active service during this period.  It also shows award of the:

* Combat Infantryman Badge
* Vietnam Service Medal


* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14), Pistol (.45 caliber), and Rocket Launcher (90 millimeter) Bars
* Marksman Marksmanship Qualification Badge with Automatic Rifle
(M-16) Bar
* Air Medal

8.  A review of the applicant's military personnel records failed to show award of the Army Service Medal/Ribbon or Overseas Commemorative Medal.  However, this review revealed that he may be authorized additional awards that are not shown on his DD Form 214.

9.  The applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Vietnam Service 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	c.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

	d.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), the battalion was awarded the:

* Presidential Unit Citation for the period 23 October to 26 November 1965 by Department of the Army General Orders Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969

12.  Title 32, Code of Federal Regulations, part 578, lists all official U.S. military decorations, medals, ribbons, and similar devices.  Commemorative medals are not listed.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Air Medal, Army Service Medal/Ribbon, and Overseas Commemorative Medal.

2.  The evidence of record fails to show the applicant served in an active Army status on or after 1 August 1981.  Therefore, he is not entitled to award of the Army Service Ribbon.  In addition, the evidence of record fails to show the Army Service Medal or Overseas Commemorative Medal is an official U.S. military decoration, medal, or ribbon.  Therefore, the applicant is not entitled to correction of his records to show these decorations.

3.  The evidence of record shows:

	a.  general orders awarded the applicant the Air Medal, the award is already recorded on his DD Form 214, and no further correction is needed but a copy of the orders will be provided to him;

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal;

	c.  the applicant qualified for award of the Korea Defense Service Medal for his service in the Republic of Korea; and

	d.  general orders awarded the applicant's unit the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X __  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting from his 21 July 1966 DD Form 214 the "Vietnam Service Medal"; and

	b.  adding to his 21 July 1966 DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Korea Defense Service Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 award of the Army Service Ribbon, Army Service Medal, and Overseas Commemorative 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)                                         AR20110020773



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ABCMR Record of Proceedings (cont)                                         AR20110020773



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