BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006771 


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 that his records be updated to include all awards he is authorized.  

2.  The applicant states that many awards have been authorized since he left the service and he wants all he is entitled to.  He used “Medals of America” as his source but wants only what is legal.

3.  The applicant provides a list of awards he believes he is authorized and four DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 11 June 1947, the applicant enlisted in the Regular Army (RA) and served until he was honorably discharged on 15 May 1950.  He was awarded the Army of Occupation Medal with Japan Clasp.

3.  On 10 December 1951, he again enlisted in the RA and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 28 August 1963.

4.  On 31 August 1969, he was honorably retired by reason of length of service and he was placed on the Retired List in the pay grade of E-7 effective 
1 September 1969.  He had served 20 years, 7 months, and 21 days of active service.

5.  A review of his DD Forms 214 show that he was awarded the following decorations and awards:

* Army of Occupation Medal with Japan Clasp
* National Defense Service Medal with one Oak Leaf Cluster
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
* Letter of Appreciation
* Letter of Commendation (2)
* Meritorious Unit Commendation 
* Good Conduct Medal (fourth award)
* Republic of Korea Presidential Unit Citation
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal

6.  A review of his official records shows he served the following periods of foreign service:

* 1 April 1948 – 16 May 1950 - Japan
* 15 February 1952 – 22 December 1953  - Korea/Japan
* 20 March 1954 – 15 January 1957 - Japan
* 17 August 1959 – 23 November 1959  - Vietnam
* 24 October 1961 – 2 August 1964 - Germany
* 20 June 1966 – 20 October 1967  - Japan
* 8 August 1968 – 8 April 1969  - Vietnam

7.  His records also show that he served in three campaigns with the following units in Vietnam:

* 525th Military Intelligence (MI) Group (24 August – 10 October 1968)
* 149th MI Group (attached to 2nd Battalion) (11 October 1968 –
14 January 1969)
* 135th MI Group (attached to 2nd Battalion) (15 January – 27 April 1969)

8.  The list the applicant provided indicates he believes he is entitled to all of the awards that he received as well as the Korea Defense Service Medal and 
11 commemorative medals.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

   b.  The Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	c.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.

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.  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.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant’s records show he served during a qualifying period for award of the ROKWSM.  Accordingly, that medal should be added to his DD Form 214, dated 31 August 1969.

2.  The applicant also qualifies for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that award should be added to his DD form 214 as well.

3.  The applicant served in three campaigns and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  However, the applicant did not serve during a qualifying period in Korea for award of the Korea Defense Service Medal and commemorative medals are not considered “Authorized” awards for the purpose of entering on the DD Form 214 or wear on the military uniform.  Accordingly, there appears to be no basis to grant that portion of his request. 

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:

* deleting the Vietnam Service Medal from his DD Form 214, dated 
31 August 1969
* adding the Vietnam Service Medal with three bronze service stars, ROKWSM, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 KDSM and commemorative medals 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)                                         AR20130006771



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ABCMR Record of Proceedings (cont)                                         AR20130006771



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