BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012112 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Army Good Conduct Medal (AGCM)
* Combat Service Commemorative Medal
* Overseas Service Commemorative Service Medal
* American Defense Commemorative Medal
* Republic of Vietnam Service Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal
* U.S. Armed Forces Service Commemorative Medal
* Vietnam Wound Medal

2.  The applicant states he believes his records should reflect award of the AGCM, Combat Service Commemorative Medal, Overseas Service Commemorative Service Medal, American Defense Commemorative Medal, Republic of Vietnam Service Commemorative Medal, U.S. Army Commemorative Medal, Honorable Service Commemorative Medal, U.S. Armed Forces Service Commemorative Medal, and Vietnam Wound Medal.

3.  The applicant provides a copy of his DD Form 214.



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 1 March 1966 for a period of 3 years.  He completed training at Fort Dix, New Jersey, and was transferred to Vietnam on 21 August 1966 for assignment to Company C, 169th Engineer Battalion, as an engineer equipment repairman.

3.  On 20 October 1966, he was transferred to Company B, 8th Support Battalion, 196th Light Infantry Brigade.

4.  On 10 November 1966, he suffered third degree burns to his face, arms, and hands when his truck hit an electrically-detonated land mine.  He was treated at the 45th Surgical Hospital and the 93rd Evacuation Hospital.  He was then evacuated to Brooke Army Medical Center at Fort Sam Houston, Texas, as a patient within 72 hours of his wounds.  He was awarded the Purple Heart.

5.  On 9 February 1967, he was transferred to Fort Dix, New Jersey, where he remained until he was retired by reason of permanent disability (80 percent) on 22 April 1968.  He completed 2 years, 1 month, and 22 days of active service.  His DD Form 214 issued at the time of his retirement shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960), and Purple Heart.

6.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records do not contain sufficient derogatory information that would serve to disqualify him for award of the AGCM.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  The applicant participated in one campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Meritorious Unit Commendation (MUC) and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

10.  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.

11.  The Vietnam Wound Medal was a military decoration for South Vietnam first created in 1950 and was the South Vietnamese equivalent of the Purple Heart.  It was awarded to personnel of the South Vietnamese military who were killed or wounded as a result of enemy action.  The decoration was seldom awarded to members of the U.S. military and then only if the Soldier was attached to a South Vietnamese unit.  It is not authorized for wear on U.S. military uniforms and is obsolete since the fall of South Vietnam in 1975.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records do not contain  derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 1 March 1966 to 22 April 1968 and his DD Form 214 should be corrected to show this award.

2.  Additionally, the applicant served in one campaign in Vietnam and his unit was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

3.  However, the applicant's contention that commemorative medals should be added to his DD Form 214 has been noted and found to lack merit as commemorative awards are not authorized for entry on the DD Form 214.

4.  It is also noted that the Vietnam Wound Medal was a foreign award authorized only by the South Vietnamese government which no longer exists and is not authorized for entry on U.S. military records.  Accordingly, the applicant is not authorized to have such an award added to his records.

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:

* awarding the applicant the AGCM (1st Award) for the period 1 March 1966 to 22 April 1968
* deleting award of the VSM from his DD Form 214
* adding award of the AGCM (1st Award), VSM with one bronze service star, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 adding commemorative medals and the Vietnam Wound Medal to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20120012112



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ABCMR Record of Proceedings (cont)                                         AR20120012112



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