IN THE CASE OF:	  

		BOARD DATE:  28 August 2012

		DOCKET NUMBER:  AR20120000269 


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 medals he believes he should have been awarded:

* Army Distinguished Service Medal
* Legion of Merit 
* Combat Service Commemorative Medal
* Special Operations Commemorative Medal
* Overseas Service Commemorative Medal
* Presidential Unit Citation
* Republic of Vietnam Service Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal
* Vietnam Wound Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Joint Service Commendation Medal
* Army Good Conduct Medal
* American Defense Commemorative Medal
* National Defense Service Medal
* Foreign Expeditionary Service [Commemorative] Medal

2.  The applicant states that he should have been awarded the above medals.



3.  The applicant provides:

* a listing of medals
* his DD Form 214
* a document titled "Alpha Troop Alone 1965 - 1967"

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 29 January 1963 for a period of 3 years.  He completed training and he was awarded military occupational specialty 11D (Armor Intelligence Specialist).  The highest rank/grade he held was sergeant (SGT)/E-5 temporary.

3.  Special Orders Number 48, issued by the Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 14 March 1963, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  His record shows he served in the Republic of Vietnam from 8 July 1965 to 
21 January 1966.  He was assigned to Troop A, 2nd Squadron, 17th Cavalry,
1st Brigade, 101st Airborne Division.

5.  On 26 January 1966, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 28 days of total active service no lime lost.



6.  The DD Form 214 he was issued at the time show he was awarded the:

* Vietnam Service Medal
* Purple Heart
* Parachutist Badge
* Combat Infantryman Badge

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 United States Army Human Resources Command, failed to reveal any orders pertaining to the applicant.

8.  He provided a document titled "Alpha Troop Alone 1965 -1967."  The origin of this document is unknown but it details the combat operations of his unit in the Republic of Vietnam.  There is no specific mention of the applicant in this document.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service except for one "Good" academic efficiency rating while assigned for Basic Airborne training.  His records further shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on two occasions for failing to go to at the time prescribed to his appointed place of duty.  There is no other derogatory information in his record that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

10.  His record is void of orders for the Legion of Merit or the Joint Service Commendation Medal.

11.  Army Regulation 600-8-22 states:

	a.  The Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U. S Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  For service not related to actual war, the term "duty of great responsibility" applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  In accordance with Deputy Secretary of Defense Memorandum, "Combat Distinguishing Device for the Joint Service 
Commendation Medal," dated 29 November 1965, the "V" Device was authorized by wear for all services for acts or service involving direct participation in combat operations on or after 25 June 1963.

	d.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	e.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following 2 campaigns:

* Vietnam Defense, 8 March 1965 - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966

	f.  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.
	g.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	h.  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.  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 are not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document. 

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 17 January 1966 through 25 March 1968 by Department of the Army General Orders (DAGO) Number 1, dated 1969
* Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 by DAGO Number 1, dated 1969

14.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 through 28 March 1973.

15.  An internet search found the Vietnam Wound Medal was the Republic of Vietnam equivalent of the Purple Heart that was awarded to South Vietnamese military personnel.  It was also bestowed upon allied personnel who were attached to and under the direct command of a Republic of Vietnam unit.  United States military personnel are not authorized to wear it because it is the foreign equivalent of the Purple Heart.

16.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

18.  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.  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 requests award or and/or correction of his DD Form 214 to show the several commemorative awards and these additional awards:

* Army Distinguished Service Medal
* Legion of Merit
* Joint Service Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Vietnam Wound Medal

2.  There is no regulatory provision that governs the award of commemorative medals or the Vietnam Wound Medal; therefore, these awards should not be listed on his DD Form 214.

3.  He served during a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show he served during a qualifying period of service in the Republic of Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  General orders cited his unit in Vietnam the Valorous Unit Award and the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  Records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

8.  The available evidence does not show Troop A, 2nd Squadron, 17th Cavalry,
1st Brigade, 101st Airborne Division was awarded the Presidential Unit Citation during the time of his service with the unit.

9.  He served honorably from 29 January 1963 through 26 January 1966.  He received all "excellent" conduct and efficiency ratings with the exception of one "good" academic efficiency rating during Basic Airborne training.  He also attained the rank/grade of SGT/E-5 during his service.  Although he received two NJP actions during his service they were for minor offenses that normally would not have disqualified him for being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 29 January 1963 through 26 January 1966 and to correct his DD Form 214 to show this award.

10.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

11.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  His record is void of a recommendation for or orders awarding him the Army Distinguished Service Medal, Legion of Merit, or the Joint Service Commendation Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

12.  While the available evidence is insufficient for awarding the applicant the Army Distinguished Service Medal, or Legion of Merit, this in no way affects his right to pursue his claim for each of these awards by submitting a request through his Member of Congress under the provisions of 
Title 10, U.S. Code, section 1130.

13. The Joint Service Commendation Medal is a Department of Defense award, and the Army has no authority to award it.

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 DD Form 214 the Vietnam Service Medal;
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
29 January 1963 through 26 January 1966; and

   c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 award of and/or correction of his DD Form 214 to show:

* All Commemorative Medals
* Army Distinguished Service Medal
* Legion of Merit
* Joint Service Commendation Medal
* Presidential Unit Citation
* Vietnam Wound 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)                                         AR20120000269



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ABCMR Record of Proceedings (cont)                                         AR20120000269



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