IN THE CASE OF:	  

		BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120006701 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 September 1968, to show the:

* Combat Service Commemorative Medal
* Overseas Service Ribbon
* Defense Meritorious Service Medal
* Joint Service Commendation Medal
* American Campaign Medal
* Cold War Commemorative Victory Medal
* Foreign Expeditionary Commemorative Medal
* Vietnam Defense Commemorative Medal
* Honorable Service Commemorative Medal
* all unit citations he is entitled to

2.  The applicant states he is requesting a review for all other medals that were not added to his original DD Form 214.

3.  The applicant provides no 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 enlisted in the Regular Army on 6 March 1963 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  On 28 September 1964, he was honorably discharged for the purpose of immediate reenlistment.  On 29 September 1964, he reenlisted for a period of
4 years.  During his service he served in:

* Germany from 31 January 1964 through 19 December 1966
* Vietnam from 12 February 1967 through 14 August 1967
* Okinawa from 19 August 1967 through 9 April 1968

4.  During his period of service in Vietnam and Okinawa, he was assigned to following respective units:

* Company B, 2nd Battalion, 35th Infantry from 15 February 1967 to 9 August 1967 in MOS 11B
* 267th Chemical Company from 19 August 1967 to 8 April 1968 in MOS 95B (military policeman)

5.  He was honorably released from active duty on 28 September 1968 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 4 years of net active service this period with 1 year and 2 months of foreign service in Vietnam and Okinawa.  The DD Form 214 he was issued during this period of service shows the:

* Army of Occupation Medal (Berlin)
* Army Good Conduct Medal
* National Defense Service Medal
* Expert Infantryman Badge
* 
Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* one overseas service bar

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Badge) lists all the awards shown on his DD Form 214 for the period ending
28 September 1968.  It also shows he qualified marksman with the M-14 rifle.

6.  Subsequent to his release from active duty and service in the USAR, he appears to have enlisted in the Army National Guard (ARNG).  He was honorably separated from the ARNG on 15 June 1969.  His records do not show he was in an active status subsequent to this date.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  In paragraph 2-13, the regulatory guidance on the Vietnam Service Medal, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

	b.  The Overseas 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 for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  

	d.  The Defense Meritorious Service Medal was authorized by the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service.

	e.  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.

8.  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 2nd Battalion, 35th Infantry, was cited for award of the:

* Valorous Unit Award for the period 22 April through 20 August 1967 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Gross with Palm Unit Citation for the period January 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970.

9.  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.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 28 September 1968 should be corrected to show these bronze service stars.

2.  The evidence of record also shows he qualified marksman with the M-14 rifle. Therefore, his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  The evidence of record further shows that during his service in Vietnam his unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending 28 September 1968 should be corrected to show these unit awards.

4.  Although he completed multiple overseas tours, the Overseas Service Ribbon was not established until 1981 and there is no evidence he was in an active status after 1 August 1981.  As such, he does not meet the criteria for award of the Overseas Service Ribbon.

5.  With respect to the Joint Service Commendation Medal and Defense Meritorious Service Medal, these awards are DOD awards and are not within the purview of this Board.  Additionally, there is no indication in his record that he was assigned to a joint/DOD element.  However, even if he was, in the absence of official orders awarding him these awards, there is an insufficient evidentiary basis for correcting his DD Form 214 to show either award.

6.  With respect to the American Campaign Medal, the evidence of record shows he served on active duty from March 1963 to September 1968.  This medal is awarded for qualifying service in the American Theater between 7 December 
1941 and 2 March 1946.  As such, he does not meet the eligibility criteria for this award.  Therefore, there is no basis for granting this portion of his request.

7.  With respect to any commemorative medals, such as the Combat Service Commemorative Medal, Foreign Expeditionary Commemorative Medal, Vietnam Defense Commemorative Medal, Honorable Service Commemorative Medal, and the Honorable Service Commemorative Medal are not governed by Army Regulation 600-8-22.  Commemorative medals are made available to individuals who are serving or who have served in the Armed Forces of the United States, and to the general public, by commercial vendors/resources.  Since these commemorative medals are not governed by the applicable regulation, they are not to be shown on discharge documents.

8.  The Award of the Cold War Recognition Certificate is also not governed by the provisions of Army Regulation 600-8-22 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

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:

	a.  deleting from his DD Form 214 for the period ending 28 September 1968 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 for the period ending 28 September 1968 the:

* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
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 adding to his DD Form 214 for the period ending 28 September 1968 the:

* Combat Service Commemorative Medal
* Overseas Service Ribbon
* Defense Meritorious Services Medal
* Joint Service Commendation Medal
* American Campaign Medal
* Cold War Commemorative Victory Medal
* Foreign Expeditionary Commemorative Medal
* Vietnam Defense Commemorative Medal
* Honorable Service 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)                                         AR20120006701



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ABCMR Record of Proceedings (cont)                                         AR20120006701



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