BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012916 


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 the following awards be added to his 2 July 1970 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Expert Marksmanship Qualification Badge with (M-16 Rifle) Bar
* Soldier of the Month Award
* Cold War Ribbon
* Korea Defense Service Medal (KDSM)
* Republic of Vietnam Gallantry Cross (RVNGC), individual and unit
* Meritorious Unit Commendation (MUC) with Oak Leaf Cluster (2nd Award)
* Army Commendation Medal (ARCOM)  1st Oak Leaf Cluster (2nd Award)

2.  The applicant states he earned the identified awards and provides explanations for why he should receive some of the awards and why they should be added to his DD Form 214.  

3.  The applicant provides the following documents in support of his request:

* REC-AMW Form 201A (Eligibility Report for Display Recognitions and Replacement Medals/Hardware)
* ARCOM Certificates, dated 28 May and 26 June 1969
* Certificate of Achievement, dated 10 February 1969
* 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 record shows the applicant initially enlisted in the Regular Army (RA) on 
14 June 1965.  He was trained in and awarded military occupational specialty (MOS) 71B (Clerk-Typist) and served for 1 year, 3 months, and 8 days until being honorably discharged for the purpose of immediate reenlistment on 
21 September 1966.  The DD Form 214 he was issued at the time lists the National Defense Service Medal (NDSM) and Marksman Marksmanship Qualification Badge with M-14 Rifle Bar as earned awards.  

3.  On 22 September 1966, the applicant reenlisted in the RA for 6 years.  His 
DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 
19 February 1966 to 17 March 1967 and in the RVN from 21 July 1968 to
20 July 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company, 1st Signal Brigade, performing duties in MOS 71B as a clerk typist.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 lists the following earned awards:

* NDSM
* Vietnam Service Medal (VSM)
* Armed Forces Expeditionary Medal (AFEM)-Korea
* Army Good Conduct Medal (AGCM), 1st Award
* RVN Campaign Medal with 1960 Device
* ARCOM
* ARCOM 1st Oak Leaf Cluster (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar 



5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains orders awarding the ARCOM 1st Oak Leaf Cluster for meritorious service in the RVN during the period 24 July 1968 to 28 June 1969.  The MPRJ contains no marksmanship qualification orders, documents, or orders from the Vietnamese government awarding the individual award of the RVNGC.  

6.  On 2 July 1970, the applicant was honorably discharged, by reason of unsuitability, after completing a total of 3 years, 9 months, and 11 days of active military service.  The DD Form 214 he was issued lists the following earned awards:

* NDSM
* VSM
* AFEM (Korea)
* AGCM
* RVNCM
* ARCOM
* Marksmanship Qualification Badge with Rifle Bar

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army It also establishes standardized policy for preparing and distributing the DD Form 214.  It states authorized awards identified in the Army awards regulation will be entered on the DD Form 214.  There are no provisions for entering certificates or letters of achievement or commendation on the DD Form 214.  The version of the regulation in effect at the time of the applicant's release from active duty identified the DA Form 20 as the primary source record for entries on the 
DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  The regulation does not include the Cold War Ribbon as an authorized Army award.  A Cold War Recognition Certificate exists, but it is not listed in Army Regulation 600-8-22.

	a.  Paragraph 2-13 provides guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 shows participation credit was granted for the following four campaigns during the applicant’s tenure of assignment in the RVN:


* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969
* TET 69 Counteroffensive (23 February- 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 

	c.  Paragraph 2-20 contains guidance on the KDSM.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period from 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  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 1st Signal Brigade was cited for award of the MUC for the period 1 August 1967 to 31 October 1969 in Department of the Army General Order (DAGO) 48, dated 1971.  The unit was cited for two other awards of the MUC for periods ending on 1 July 1967 and beginning on 1 July 1970,  during which the applicant was not a member of the unit.  

10.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

11.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the awards in question to his DD Form 214 has been carefully considered and found to have partial merit.  
2.  The evidence of record confirms the applicant was awarded the ARCOM 
1st Oak Leaf Cluster and that based on his qualifying service in Korea, he is eligible for the KDSM.  As a result, it would be appropriate to add these awards to his DD Form 214.  

3.  Further, the record shows that based on his RVN service and campaign participation, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his already-awarded VSM.  Therefore, these awards should also be added to his DD Form 214.  

4.  The evidence of record and independent evidence submitted by the applicant fail to show he was ever awarded an individual award of the RVNGC by the Vietnamese government or that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar based on qualifying with the M-16 Rifle. 

5.  In addition, the Cold War Ribbon is not an authorized Army award and there is no indication the applicant was serving with his unit during a second period in which it was cited for award of the MUC.  Further, there are no regulatory provisions for entering certificates, letters of commendation, or achievement to the DD Form 214.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

6.  However, 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 Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 

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 amending his DD Form 214 as follows:

	a.  deleting the Vietnam Service Medal and Army Commendation Medal entries; and

	b.  adding the following awards:
   
* Army Commendation Medal 1st Oak Leaf Cluster 
* Vietnam Service Medal with 4 bronze service stars
* Korea Defense Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

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 the Cold War Ribbon, Republic of Vietnam Gallantry Cross individual award, Expert Marksmanship Qualification Badge with (M-16 Rifle) Bar, an additional Meritorious Unit Commendation, and the Soldier of the Month Certificate to his DD Form 214.



      __________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)                                         AR20120012916



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ABCMR Record of Proceedings (cont)                                         AR20120012916



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