IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120003730 


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 a DD Form 215 (Correction to DD Form 214) be issued awarding him the following:

* Republic of Vietnam Wound Medal 
* Vietnam Presidential Unit Citation
* Tet Campaign Commemorative Medal
* any awards and decorations to which he is entitled 

2.  The applicant states he was with the 2nd Battalion, 60th Infantry, 9th Infantry, Division when he got wounded and should have received the Republic of Vietnam Wound Medal and Tet Campaign Commemorative Medal.  He also states he is unsure if his unit, Company C, 52d Infantry Regiment, 716th Military Police Battalion was awarded the Vietnam Presidential Unit Citation.

3.  The applicant does not provide any additional evidence.

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 13 October 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.  

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

* he was assigned in Vietnam for the period 3 April 1967 to 2 October 1968
* he was assigned to Company C, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division and Company C, 52d Infantry Regiment, 716th Military Police Battalion
* he received a fragmentation wound on his right hand

4.  A review of Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units to which he was assigned were awarded the following awards during his tenure with those units:

* 2nd Battalion, 60th Infantry

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

* Company C, 52nd Infantry, 716th Military Police Battalion

* Valorous Unit Award

5.  The Republic of Vietnam Presidential Unit Citation was awarded by the Vietnamese government to all personnel in the Military Assistance Advisory Group, Indo-China, during August and September 1954.  This foreign unit award is not listed as an authorized award in DA Pamphlet 672-3.

6.  His DD Form 214 shows he was awarded the following:

* Purple Heart
* Vietnam Service Medal
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)

7.  On 27 June 1992, the ABCMR Branch at St. Louis, MO, reviewed a request by the applicant for all entitled awards and decorations.  A DD Form 215 was issued correcting his awards by adding the following:

* Vietnam Service Medal with one Silver Service Star
* Air Medal
* Army Commendation Medal
* Presidential Unit Emblem (Citation)
* Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars
* Sharpshooter (Marksmanship) Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Civil Actions Honor Medal
* First Class Unit Citation Badge

8.  A copy of the DD Form 215 will be provided to the applicant.

9.  The Republic of Vietnam Wound Medal was a military decoration the Republic of Vietnam first created in 1950.  The decoration was the South Vietnamese equivalent of the Purple Heart, awarded to South Vietnamese military personnel who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action.  The decoration was seldom bestowed upon members of allied militaries, such as the U.S. military, and then only if the allied Soldier in question was attached and under the direct command of a unit of the Republic of Vietnam.  The Republic of Vietnam Wound Medal is not authorized to U.S. service members for wear on a military uniform, as it is the foreign equivalent to the Purple Heart.

10.  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 (Military Awards) and, as a result, they may not be shown on a discharge document.

11.  The Tet Campaign Commemorative Medal recognizes and honors all U.S. military personnel who served in the Tet campaign.  The Tet Campaign Commemorative Medal is not authorized to U.S. service members for wear on a military uniform nor is it documented on separation documents.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for issuance of a DD Form 215 awarding him the Republic of Vietnam Wound Medal, Vietnam Presidential Unit Citation, Tet Campaign Commemorative Medal, and any other medals to which he is entitled was carefully considered and determined to have partial merit.

2.  The applicant was wounded in Vietnam and awarded the Purple Heart.  This award appears on his DD Form 214.  The Republic of Vietnam Wound Medal is a foreign award and is not authorized to U.S. personnel in addition to, or in lieu of, the Purple Heart.

3.  Commemorative medals are not governed by Army regulations and are not shown on separation documents.  Therefore, the issue of the Tet Campaign Commemorative Medal is without merit.  Likewise, the Republic of Vietnam Presidential Unit Citation is not contained in DA Pamphlet 672-3 and cannot be shown on DD Form 214.

4.  The evidence of record shows he served with Company C, 52nd Infantry, 716th Military Police Battalion during the period that unit was awarded the Valorous Unit Award.  This award should be added to his DD Form 214.

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 Valorous Unit Award to his DD Form 214.

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 the Republic of Vietnam Wound Medal, the Tet Campaign Commemorative Medal, and any additional awards and decorations.  




      __________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)                                         AR20120003730



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ABCMR Record of Proceedings (cont)                                         AR20120003730



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