IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010784 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1966 to show award of the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross
* Republic of Vietnam Gallantry Cross Commemorative Medal
* Republic of Vietnam Service Commemorative Medal
* Cold War Victory Commemorative Medal
* American Defense Commemorative Medal
* Overseas Service Commemorative Medal
* Combat Service Commemorative Medal
* Honorable Service Commemorative Medal

2.  The applicant states he met the criteria for the requested medals but did not receive them at the time of his discharge.

3.  The applicant provides no documentary evidence in support of his request.

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.  After having prior honorable enlisted service in the U.S. Air Force, the applicant enlisted in the Regular Army on 4 September 1963.

3.  He served in Vietnam during the period 10 October 1965 until on or about 22 September 1966 and he was assigned to the 515th Transportation Company.

4.  On 27 September 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* National Defense Service Medal

5.  Army Regulation 600-8-22 (Military Awards) ) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  This regulation states:

	a.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Vietnam Defense Campaign (8 March 1965 – 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)

   b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

6.  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 515th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 21 September 1965 through 1 August 1966 by Department of the Army General Order (DAGO) Number 1, dated 1969, which amended DAGO Number 17, dated 1968.

7.  Department of the Army General Order 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, during the period 20 July 1965 to 28 March 1973.

8.  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.  Commemorative medals are not governed by Army regulations and are not shown on separation documents.  Therefore, his request for commemorative medals is without merit.

2.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 27 September 1966 should be corrected to show these bronze service stars.

3.  The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 for the period ending 27 September 1966 to show this award.

4.  General orders awarded his unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 for the period ending 27 September 1966 to show these unit awards.



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 adding the following to his DD Form 214 for the period ending 27 September 1966:

* 3 bronze service stars to his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 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)                                         AR20130010784



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ABCMR Record of Proceedings (cont)                                         AR20130010784



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