BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001497 


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) to add the following awards:

* Army Commendation Medal
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Airborne and Air Assault Commemorative Medals

2.  The applicant states:

* He served in Vietnam from December 1967 to December 1968
* The Army Commendation Medal was awarded to him when he was serving at Fort Hood, Texas from January to July 1969, but the medal was earned when he was in Vietnam
* The unit to which he was assigned was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 48, dated 1971
* He earned the Army Good Conduct Medal based on his overall record of service
* The Airborne and Air Assault Commemorative Medals were awarded to Airborne and Infantry Divisions for going on combat assaults on a regular basis


3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 10 July 1967.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 14 December 1967 and he was assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division.  He participated in the following five campaigns:

* Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969

3.  The applicant's records show his conduct and efficiency ratings were “excellent” while he was in the Army.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

4.  He departed Vietnam en-route to the United States on 11 December 1968.


5.  On 17 December 1968, General Orders Number 8868 was published awarding the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from December 1967 to December 1968.

6.  He was honorably released from active duty on 19 July 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* National Defense Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  Army Regulation 672-5-1 (Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no conviction by court-martial.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:

* Each 3 years completed on or after 27 August 1940
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

8.  Army Regulation 600-8-22 (Military Awards) states 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.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

* Valorous Unit Award for the period 27 August to 31 October 1968 by Department of the Army General Order (DAGO) Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971

10.  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.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  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.

3.  The available records show that the applicant was awarded the Army Commendation Medal in General Orders Number 8868, dated 17 December 1968.  This award should be added on his DD Form 214.

4.  The applicant had “excellent” conduct and efficiency ratings while he was in the Army.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.  He should be awarded this medal.

5.  His DD Form 214 should also be corrected to show the following awards:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with one silver service star


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 item 24 of his DD Form 214 the entry "Vietnam Service Medal w/2 Bronze Service Stars."

	b.  Awarding him the Army Good Conduct Medal for the period 10 July 1967 to 9 July 1969.

	c.  Adding to his DD Form 214 the following additional  awards:

* Army Good Conduct Medal
* Army Commendation Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with one silver service star

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 amending his DD Form 214 to show the Airborne and Air Assault 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)                                         AR20140001497



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ABCMR Record of Proceedings (cont)                                         AR20140001497



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