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		IN THE CASE OF:	   

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022471


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class).

2.  As a secondary issue, he requests award of any of the following awards he may be entitled to, and correction of his DD Form 214 to show them:

* Republic of Vietnam Defense Commemorative Medal
* Vietnam War Commemorative Medal
* American Defense Commemorative Medal
* Combat Service Commemorative Medal
* Overseas Service Commemorative Medal
* Cold War Commemorative Medal
* Cold War Victory Commemorative Medal
* U.S. Army Commemorative Medal

3.  The applicant states the medals were not added to his DD Form 214.

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

* DA Form 4980-12 (MSM Certificate), dated 21 October 1983
* Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26 October 1983
* DA Form 4980-12, dated 4 November 1981
* DA Form 4980-14 (ARCOM Certificate), dated 22 May 1970
* ARCOM Citation
* General Orders Number 2924, issued by Headquarters, U.S. Military Assistance Command, Vietnam (U.S. MACV), dated 22 May 1970
* a memorandum issued by Headquarters, U.S. Military Assistance Command, Vietnam, dated 25 August 1970, subject: Authorization for Individual Foreign Award
* an extract describing the eight requested commemorative medals
* Orders 208-11, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 21 October 1982
* a copy of his DD Form 214
* a copy of his DD Form 363A (Certificate of Retirement) 

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.  With respect to the issuance of commemorative medals, most commemorative medals are not officially recognized.  Title 32 of the Code of Federal Regulations, Part 578, lists the 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.  Therefore, issues pertaining to the medals below will not be discussed further in this Record of Proceedings:

* Republic of Vietnam Defense Commemorative Medal
* Vietnam War Commemorative Medal
* American Defense Commemorative Medal
* Combat Service Commemorative Medal
* Overseas Service Commemorative Medal
* Cold War Commemorative Medal
* Cold War Victory Commemorative Medal
* U.S. Army Commemorative Medal

3.  The applicant enlisted in the Regular Army on 14 October 1963.  He served in numerous military occupational specialties, in stateside, overseas, and combat assignments, and attained the rank/grade of sergeant first class/E-7.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 28 May 1968 through on or about 21 May 1970.  

5.  On 24 June 1980, he was recommended for award of the MSM for meritorious service during the period 26 August 1976 through 21 August 1980; however, it appears, based on a review of the corresponding DA Form 638 (Recommendation for Award), that the recommendation was downgraded and he was approved for award of the ARCOM (1st Oak Leaf Cluster).  

6.  Permanent Orders 92-6, issued by Headquarters, 8th Infantry Division (Mechanized), dated 17 July 1980, awarded him the ARCOM (1st Oak Leaf Cluster) for meritorious service during the period 26 August 1976 through          21 August 1980.

7.  On 22 July 1980, an ARCOM Certificate was produced for his award of the ARCOM (1st Oak Leaf Cluster), given for meritorious service during the period 26 August 1976 through 21 August 1980.

8.  Permanent Orders 131-7, issued by Headquarters, 8th Infantry Division (Mechanized), dated 4 November 1981, awarded him the MSM for meritorious service during the period 26 August 1976 through 21 August 1980.  

9.  Permanent Orders 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26 October 1983, awarded him the MSM (1st Oak Leaf Cluster) for meritorious service during the period 14 October 1963 through        31 October 1983.

10.  On 31 October 1983, he was honorably retired from the Army.  His DD Form 214 credits him with numerous medals, ribbons, and badges he was awarded or authorized throughout his military career; however, the MSM and ARCOM are not listed.  

11.  He provides the following in support of his request:
   a. General Orders Number 2924, issued by U.S. MACV on 22 May 1970, which awarded him the ARCOM for meritorious service during the period June 1969 through May 1970.

   b. A letter issued by Headquarters, U.S. MACV on 25 August 1970, which shows he was authorized to accept and wear the Republic of Vietnam Armed Forces Honor Medal (Second Class) which was presented to him by the Government of Vietnam.  This award was presented in recognition of his sound technical experience, high morale, and remarkable contributions to the overall success of the mission.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded or authorized the MSM (1st Oak Leaf Cluster), ARCOM, and the Republic of Vietnam Armed Forces Honor Medal (2nd Class).  

2.  Permanent orders awarded him the ARCOM (1st Oak Leaf Cluster) for meritorious service during the period 26 August 1976 through 21 August 1980; however, it appears those orders were later superseded by other permanent orders that awarded him the MSM for the same period.  Neither of these awards is reflected on his DD Form 214.  He cannot receive 2 awards for the same period; therefore, it would be appropriate to correct his records to show he was awarded the MSM for this period, since it was the latest order issued.  

3.  Permanent orders awarded him the MSM (1st Oak Leaf Cluster), which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his   DD Form 214 to show it.

4.  General orders awarded him the ARCOM, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show it.

5.  Official correspondence shows he was authorized to wear the Republic of Vietnam Armed Forces Honor Medal (Second Class), which was presented to him by the Government of Vietnam as an individual award and is not shown on his DD Form 214.  Accordingly, it would be appropriate to correct his DD Form 214 to show this foreign award.






BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 for the period ending 31 October 1983 to add the MSM (2nd Award), ARCOM, and the Republic of Vietnam Armed Forces Honor Medal (2nd Class).




      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120022471



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