IN THE CASE OF:	  

		BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20140018964 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Overseas Service Ribbon (OSR)
* American Defense Medal (correctly known as American Defense Service Medal)
* Tet Campaign Medal
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar
* Honorable Service Medal (correctly known as Honorable Service Commemorative Medal)
* Vietnam Defense Medal (correctly known as Vietnam Defense Commemorative Medal)
* Cold War Victory Medal (correctly known as the Cold War Recognition Certificate)
* Chaplains Pin

2.  The applicant states he served honorably in the U.S. Army from 1968 to 1970 and fought in the Vietnam War.  He adds the medals requested match his service and he feels he should be issued these awards. 

3.  He does not provide any additional evidence.



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 has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  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 Commander,  U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in these Proceedings

3.  The applicant was inducted into the Army of the United States on 29 May 1968.  He was trained in and awarded military occupational specialty 71M (Chaplain Assistant).  He served in the Republic of Vietnam (RVN) from 
19 November 1968 to 5 January 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his assignment in the RVN, he was assigned to:

* U.S. Army Depot (Qui Non) from 24 November 1968 to 26 March 1969
* Headquarters and Headquarters Company (HHC), U.S. Army Support Command from 27 March to 4 June 1969
* HHC, 48th Transportation Group from 5 June to 20 September 1969
* Headquarters and Headquarters Detachment, 4th Transportation Command from 21 September 1969 to 4 January 1970

5.  On 7 January 1970, he was honorably released from active duty.  He was credited with completing 1 year, 7 months, and 9 days of total active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Good Conduct Medal

6.  Special Orders Number 197, issued by Headquarters U.S. Army Training Center and Fort Leonard Wood, dated 15 July 1968, show he qualified as marksman with the M-14 Rifle.  His record is void of any orders or evidence to show he qualified as expert with the rifle.

7.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	b.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	c.  Appendix B states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)


	d.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by Department of the Army General Orders Number 8, dated 1974.

9.  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.

10.  Army Regulation 670-1 (Uniforms and Insignia) prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.  Items of uniform wear, such as the Chaplains Pin, are not entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence of record verifies the applicant's service in the RVN from November 1968 to January 1970, he is not entitled to the award of the Overseas Service Ribbon.  He did not have an Active Army status on or after 1 August 1981 as required for qualification for this award.  Therefore, the evidence does not justify correcting his DD Form 214 to show the Overseas Service Ribbon.

2.  The evidence shows he served in the Army from May 1968 to January 1970.  Therefore, he is not entitled to the American Defense Service Medal since he did not have any service between 8 September 1939 and 7 December 1941 to qualify for this award. 

3.  Since the Chaplains Pin is an article of clothing, it is not authorized to be listed on his DD Form 214.  Therefore, there is no basis for granting his request to show this pin on his DD Form 214.
4.  The evidence of record shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.

5.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  There is no evidence to show he qualified as expert with the rifle.  However, orders verify he qualified as marksman with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

7.  His request for award of the Honorable Service Commemorative Medal
and Vietnam Defense Commemorative Medals was carefully considered.  However, according to the applicable regulation, commemorative medals may not be shown on a discharge document.  Therefore, they are appropriately not shown on his DD form 214.

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 the Vietnam Service Medal from his DD Form 214; and

   b.  adding to his DD Form 214 the:
   
* Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with four bronze service stars
* 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 the Overseas Service Ribbon, Honorable Service Commemorative Medal, Vietnam Defense Commemorative Medals, Expert Marksmanship Qualification Badge with Rifle Bar, and the Chaplains Pin.



      ____________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)                                         AR20140018964





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ABCMR Record of Proceedings (cont)                                         AR20140018964



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