IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140005759 


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:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Vietnam Service Medal with three bronze service stars
* 1 overseas service bar
* Republic of Vietnam Gallantry Cross with Palm  Unit Citation
* Army Good Conduct Medal
* Meritorious Unit Commendation

2.  The applicant also requested the following commemorative medals, badges, or awards:

* Republic of Vietnam Service Commemorative
* Cold War Victory Commemorative
* Americal Defense Commemorative
* Armed Forces Expert Marksman Commemorative
* U.S. Army Commemorative
* Republic of Vietnam Gallantry Cross Commemorative
* Civil Action Honor Medal 1st Class
* Civil Action Honor Medal 2nd Class

3.  The applicant states, in effect, he was awarded several awards after his 
DD Form 214 was issued.  He would like these awards added to his DD Form 214 so that his record of awards is complete when he files his corrected 
DD Form 214 at the local Court house.

4.  The applicant provides his DD Form 214 and a two-page document listing various awards and decorations.

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 12 February 1968.  He held military occupational specialty 44C (Welder) and attained the rank/grade of specialist five (SP5)/E-5.  

3.  He served in Vietnam from 2 April 1969 to 4 February 1970.  He was assigned to Company D, 815th Engineer Battalion (Construction). 

4.  He was honorably released from active duty on 5 February 1970.  His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214) shows he was awarded or authorized the: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Vietnam Campaign Medal
* Vietnam Service Medal with three bronze service stars 
* one overseas service bar
* Good Conduct Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  His record does not contain any evidence, such as an annotation in his 
DA Form 20 (Enlisted Qualification Record)/or orders to show he:

* qualified as expert with a pistol or received special orders awarding him the Expert Marksmanship Qualification Badge with Pistol Bar
* was awarded/received orders issued by the Government of Vietnam in Vietnamese and translated to English awarding him the Republic of Vietnam Gallantry Cross as a personal decoration

6.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

7.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

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.  The applicant's records do not contain any evidence, nor has he provided evidence such as an order, firing scorecard, or a memorandum, to show he qualified with the pistol weapon system and/or the degree of qualification.  Therefore, there is insufficient evidence to show award of the Expert Marksmanship Qualification Badge with Pistol Bar. 

2.  The applicant's records do not contain any evidence, nor has he provided documentary evidence, that shows he was awarded or received orders issued by the Government of Vietnam in Vietnamese and translated to English awarding him the Republic of Vietnam Gallantry Cross as a personal decoration or that he was issued a letter authorizing him to wear this award.  Therefore, there is insufficient evidence to show this foreign award on his DD Form 214. 

3.  Most commemorative medals are not officially recognized.  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.  Therefore, he is not entitled to correction of his DD Form 214 to show the below commemorative medals: 

* Republic of Vietnam Service Commemorative
* Cold War Victory Commemorative
* Americal Defense Commemorative
* Armed Forces Expert Marksman Commemorative
* U.S. Army Commemorative
* Republic of Vietnam Gallantry Cross Commemorative
* Civil Action Honor Medal 1st Class
* Civil Action Honor Medal 2nd Class

4.  The applicant's DD Form 214 lists the below awards, some of which he requests be added to his DD Form 214.  There is no reason to issue another DD Form 214 to list these same awards. 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Vietnam Service Medal
* 1 overseas service bar

5.  Additionally, he was issued a DD Form 215 that amended his DD Form 214 to show the below awards.  Because the DD Form 215 amended his DD Form 214, there is also no reason to add them a second time.  He will be provided with a copy of the DD Form 215 by separate correspondence. 

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Meritorious Unit Commendation

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)                                         AR20140005759





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ABCMR Record of Proceedings (cont)                                         AR20140005759



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