IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002491 


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 award of the:

* Vietnam Service Medal
* Cold War Victory Medal
* any other medals or ribbons he is entitled to

2.  The applicant states:

* he was working in direct support with U.S. Army personnel going to and coming from temporary duty in Vietnam by paying them and processing their travel
* while stationed in Okinawa, he was personally responsible for all pay records for U.S. Army personnel stationed in the Philippines, Guam, and Taiwan
* while stationed in Taiwan, he was in charge of U.S. Army personnel finance records for Soldiers stationed in Taiwan and the Islands of Quemoy, Matsu, and Pescadores off mainland China

*	these islands were bombarded every other day by Communist China until January 1979

* the U.S. Army has already given him the Army Commendation Medal, Army Good Conduct Medal, and the National Defense Service Medal

3.  The applicant provides a self-authored statement, dated 31 December 2011.

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 was inducted in the Army of the United States on 27 January 1971.  He completed training and he was awarded military occupational specialty 73C (Pay Disbursement Specialist).  The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in:

* U.S. Army Pacific (USARPAC) – Okinawa from 15 July 1971 through 13 April 1972
* USARPAC – Taiwan from 14 April 1972 through 10 January 1973

	b.  Item 38 (Record of Assignments) no entry for any service in the Republic of Vietnam.

	c.  Item 41 (Awards and Decorations) award of the:

*	National Defense Service Medal
*	Army Good Conduct Medal
*	Army Commendation Medal
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant's record is void of official documents showing he was ordered to or assigned in the Republic of Vietnam nor does the applicant provide evidence to the contrary.

5.  On 11 January 1973, the applicant was honorably released from active and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 15 days of total active service. 

6.  The applicant requested the Cold War Victory Medal be added to his
DD Form 214.  The Cold War Victory Medal is an unofficial medal of the United States for persons who served in their positions honorably during the years of the Cold War, specifically September 2, 1945 to December 26, 1991.  It can be purchased through private dealers; however, it is not authorized for wear in uniform by any member of the U.S. military or civilian employees of the federal government.  It is also not authorized to be added to the DD Form 214.

7.  As a related issue, the applicant requested, in effect, award of the Cold War Recognition Certificate.  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.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to:

	U.S. Army Human Resources Command
	Cold War Recognition Program
	ATTN: AHRC-PDP-A
	1600 Spearhead Division Avenue
	Fort Knox, KY 40122-5408

8.  A review of the applicant's record does not show his entitlement to any additional awards.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. 


	a.  Direct support is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

	b.  Vietnam and contiguous waters is defined as an area which includes Vietnam and the water adjacent thereto within the following specified limits:  From a point on the East Coast of Vietnam at the juncture of Vietnam with China southeastward to 21°North Latitude, 108° 15' East Longitude; thence, southward to 18°North Latitude, 108° 15' East Longitude; thence southeastward to 17° 30' North Latitude, 111° East Longitude; thence southward to 11° North Latitude; 111° East Longitude, thence southwestward to 7° North Latitude, 105° East Longitude; thence westward to 7° North Latitude, 103° East longitude, thence northward to 9° 30' North Latitude, 103° East Longitude, thence northeastward to 10° 15' North Latitude, 104° 27' East Longitude, thence northward to a point on the West Coast of Vietnam at the juncture of Vietnam with Cambodia.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Vietnam Service Medal and the Cold War Victory Medal was carefully considered.

2.  Although the applicant indicated he was responsible for processing travel and pay for Soldier's assigned in Vietnam, his record is void of any evidence and he has not provided any evidence that shows he was assigned or attached to a unit in the Republic of Vietnam or contiguous areas participating in or directly supporting military operations.  Therefore, there is an insufficient evidentiary basis for awarding him the Vietnam Service Medal.

3.  Regarding the Cold War Victory Medal, this is an unofficial medal that is not authorized for wear in uniform by any member of the U.S. military or civilian employees of the federal government.  It is also not authorized for entry on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20120002491



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ABCMR Record of Proceedings (cont)                                         AR20120002491



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