IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130005715 


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:

* award of the Vietnam Wound Medal (the South Vietnamese equivalent of the U.S. military Purple Heart) and Cold War Victory Commemorative Medal and their addition to his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 December 1974
* correction to his 1974 DD Form 214 to show his award of the Presidential Unit Citation for Korea from 1950 to 1951

2.  The applicant states he was never awarded the Vietnam Wound Medal, and the Cold War Victory Commemorative Medal was recently approved.  He was awarded the Presidential Unit Citation, but it was omitted from his final DD Form 214 (1974).  The Presidential Unit Citation does appear on his earlier DD Form 214.  He was twice wounded and he is 100 percent service-connected disabled.  He is entitled to the requested awards.  

3.  The applicant provides copies of his 1974 DD Form 214 and the requested awards.

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 Cold War Medal (properly known as the Cold War Recognition Certificate), in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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 the U.S. Army Human Resources Command, Cold War Recognition Program, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122-5408.  

3.  The applicant's military records were not made available to the Board for review.  An exhaustive search was undertaken to locate his military records, unfortunately, they could not be found.  However, the DD Form 214 provided by the applicant contains sufficient evidence for the Board to conduct a fair and impartial review of this case.

4.  The applicant's DD Form 214 shows he reenlisted in the Regular Army on 18 February 1972 at Fort Buckner, Okinawa.  He held military occupational specialty 57H (cargo handler).  

5.  He was honorably retired in pay grade E-8 on 31 December 1974.  He was credited with completing 20 years, 9 months, and 15 days of total service for pay and 2 years and 24 months of foreign service this period.  His DD Form 214 lists in:

* item 11 (Last Duty Assignment and Major Command) – U.S. Army Computer Systems Command Support Group, Fort Lee, VA
* item 19 (Indochina or Korea Service Since 5 August 1964) – the "Yes" block is checked and contains the dates of 4 August 1966 to 26 May 1987 and 6 August 1969 to 24 June 1970
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) – the:

* Bronze Star Medal with one Oak Leaf Cluster (OLC)
* Air Medal
* Army Commendation Medal with one OLC
* Purple Heart with one OLC
* Army Good Conduct Medal (5th Award)
* Army of Occupation Medal (Berlin)
* Korea Service Medal
* Combat Infantryman Badge (2nd Award)
* Armed Forces Expeditionary Medal
* National Defense Service Medal with one OLC
* Vietnam Service Medal
* Meritorious Unit Commendation
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation
* Republic of Vietnam Campaign Medal with Device 60
* two awards of Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award with one OLC
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

7.  The Vietnam Wound Medal was a military decoration of South Vietnam first created in 1950.  The decoration was the South Vietnamese equivalent of the U.S. military Purple Heart and awarded to any personnel of the South Vietnamese military who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action.  During the Vietnam War, the Vietnam Wound Medal was often issued to Army of the Republic of Vietnam personnel for combat wounds received fighting the forces of North Vietnam or the Vietcong.  The decoration was seldom bestowed upon members of allied militaries (such as the U.S. military) and then only if the allied soldier in question was attached and under the direct command of a South Vietnamese unit.  For service members of the U.S. military, the Vietnam Wound Medal is not authorized for wear on a military uniform as it is the foreign equivalent to (or 

competes with) the Purple Heart medal.  With the fall of South Vietnam in 1975, the Vietnam Wound Medal became obsolete.  It is now only available through private dealers in military insignia.  Award of the Vietnam Wound Medal is not governed by the provisions of Army Regulation 600-8-22 and, as a result, this medal may not be shown on a discharge document.  

8.  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 the Cold War Victory Commemorative Medal 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.  

DISCUSSION AND CONCLUSIONS:

1.  Based on his award of the Republic of Korea Presidential Unit Citation, his service in Korea is not in question.  However, without knowing his unit of assignment it cannot be verified if his unit was awarded the Army Presidential Unit Citation during his period of service in Korea between 1950 and 1951.  Therefore, he is not entitled to this award and its addition to his DD Form 214 at this time.

2.  With respect to award of the Vietnam Wound Medal, the medal was awarded to any personnel of the South Vietnamese military and was seldom bestowed upon members of the U.S. military.  There is no evidence of record and he did not provide sufficient evidence to show his entitlement to this award.  This award is also not governed by Army Regulation 600-8-22; therefore, it may not be shown on a discharge document.  Therefore, there is insufficient evidence to award him the Vietnam Wound Medal.  

3.  With respect to award of the Cold War Victory Commemorative Medal, commemorative medals are not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130005715



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ABCMR Record of Proceedings (cont)                                         AR20130005715



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