IN THE CASE OF:	   

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020885 


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:

* 2 Overseas Service Commemorative Medals (presumed to be the Overseas Service Ribbon)
* Cold War Victory Commemorative Medal
* Combat Service Commemorative Medal
* Vietnam TET Offensive Commemorative Medal
* American Defense Commemorative Medal 

2.  The applicant states he served in the Republic of Vietnam during the TET Counteroffensive in 1968 and he earned decorations and awards that are not shown on his DD Form 214.

3.  The applicant provides a self-authored statement.

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 9 November 1966.  He completed training and he was awarded military occupational specialty 71H (Personnel Specialist).  He served in the Republic of Vietnam from 23 August 1967 to 22 August 1968, where he was further assigned to Company A, 4th Medical Battalion, 4th Infantry Division.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 7 November 1969, the applicant was honorably released from active duty  and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

4.  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 (Military Awards) and, as a result, they may not be shown on a discharge document.  This regulation does not provide for award of any of the requested commemorative medals.

5.  Army Regulation 600-8-22 states 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 on 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.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d, states that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

7.  Department of the Army Pamphlet 672-3 also shows the Meritorious Unit Commendation was awarded to the 4th Medical Battalion for the period               1 October 1967 through 30 November 1968 by DAGO Number 42, dated 1969.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III
* TET Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the following commemorative medals because he believes he has earned them: 

* 2 Overseas Commemorative Medals (presumed to be the Overseas Service Ribbon)
* Cold War Victory Commemorative Medal
* Combat Service Commemorative Medal
* Vietnam TET Offensive Commemorative Medal
* American Defense Commemorative Medal 

2.  The governing regulation does not authorize entry of the above commemorative medals on the DD Form 214.

3.  Army Regulation 600-8-22 shows the Overseas Service Ribbon 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 after 1 August 1981.  The evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show this award.
4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 the Vietnam Service Medal; and

   b.  adding to his DD Form 214 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation 
* Vietnam Service Medal with four bronze service stars
 






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 Overseas Service Ribbon and the aforementioned commemorative medals. 




      ____________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)                                         AR20120020885



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ABCMR Record of Proceedings (cont)                                         AR20120020885



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