IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20140021061 


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 (Report of Separation from Active Duty) to show award of the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* German Armed Forces Parachutist Badge
* Overseas Service Ribbon
* Army Service Ribbon
* Honorable Discharge Commemorative Medal
* Airborne and Assault Commemorative Ribbon
* American Defense Service Commemorative Ribbon
* Overseas Service Commemorative Ribbon
* Army Commemorative Ribbon
* National Guard and Reserve Commemorative Ribbon

2.  The applicant states:

* he is 62 years old and has nothing to leave to his two sons so he decided to make each son a shadow box containing his awards
* he served in Vietnam (Southeast Asia)
* he did not receive the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960)
* he was a squad leader and all the squad leaders received the Army Commendation Medal
* he attended the German Jump School and he was awarded German jump wings
* he questions his qualification for award of the Army Service Ribbon and commemorative ribbons and medals
* his records were burned by his first wife when they divorced

3.  The applicant provides no 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 enlisted in the Regular Army on 19 January 1971.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows:

* U.S. Army Pacific (USARPAC) – Vietnam – 2 May 1972-25 May 1972
* U.S. Army Europe (USAREUR) – Germany – 3 December 1972-8 January 1974

4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division, Special Orders Number 145, dated 24 May 1972, awarded him the Combat Infantryman Badge effective 22 May 1972 while attached to 3rd Brigade (Separate), 1st Cavalry Division, Vietnam.  He participated in one campaign during his service in Vietnam.

5.  On 14 January 1974, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Army Good Conduct Medal

6.  His records are void of and he failed to provide orders awarding him the Army Commendation Medal or evidence showing he was awarded the German Armed Forces Parachutist Badge.

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. 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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or its contiguous areas, except the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

	c.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	d.  The Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	e.  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.

	f.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

9.  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 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., USARPAC) in item 22c (Foreign and/or Sea Service).  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks block as follows:  "VIETNAM SERVICE:  (date) TO (date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Combat Infantryman Badge shows he was actively engaged in combat and, as such, waives the time limit for award of the Vietnam Service Medal.  During his service in Vietnam he participated in one campaign.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with one bronze service star.

2.  Although he served in Vietnam, he did not complete the minimum service requirement for award of the Republic of Vietnam Campaign Medal with Device (1960).  As such, there is no basis to add this award to his DD Form 214.

3.  His records are void of and he failed to provide any evidence showing he was awarded the Army Commendation Medal.  In the absence of evidence to the contrary, there is no basis to add this award to his DD Form 214.

4.  Retroactive award of the Army Service Ribbon and Overseas Service Ribbon is only authorized if the Soldier has an active Army status on or after 1 August 1981.  The applicant had no active service on or after 1 August 1981.  As such, there is no basis to add this award to his DD Form 214.

5.  The governing regulation specifies that commemorative medals are prohibited from being entered on the DD Form 214.  As such, there is no basis to grant the requested relief.

6.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units serving in Vietnam.  His DD Form 214 should be corrected to show this unit award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  adding the entry "VIETNAM SERVICE:  2 MAY 1972 TO 22 MAY 1972" to the remarks block of his DD Form 214.

2.  The Board further determined 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 awarding and adding the following to his DD Form 214:

* Army Commendation Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Republic of Vietnam Campaign Medal with Device (1960)
* Honorable Discharge Commemorative Medal
* Airborne and Air Assault Commemorative Ribbon
* American Defense Service Commemorative Ribbon
* Overseas Service Commemorative Ribbon
* Army Commemorative Ribbon
* 
National Guard and Reserve Commemorative Ribbon
* German Armed Forces Parachutist Badge



      ____________ 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)                                         AR20140021061



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ABCMR Record of Proceedings (cont)                                         AR20140021061



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