IN THE CASE OF:	  

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20140021680 


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 the following awards and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* all unit awards
* Presidential Unit Citation
* overseas service bar
* Vietnam War Commemorative Medal

2.  The applicant states the 1st Battalion, 44th Artillery, received many citations and awards for their service in Vietnam and his DD Form 214 does not show any of them.  He recently discovered this information.

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 the cases 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.

2.  The applicant enlisted in the Regular Army, in pay grade E-1, on 4 October 1966.  He was awarded military occupation specialty 63C (wheel vehicle repairman).

3.  He served in Vietnam from 10 March 1967 through 7 October 1968, during five campaigns.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 44th Artillery.  

4.  He was honorably released from active duty in pay grade E-5 on 3 October 1969 and was transferred to the U.S. Amy Reserve Control Group.  He was credited with completing 3 years of total active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal
* Mechanic Badge with Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal during his period of service
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and three overseas service bars
* Item 42 (Remarks) he was fully qualified to reenlist

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.
7.  Army Regulation 600-8-22 (Military Awards), sets forth the basic authority, policy, criteria and administrative instructions concerning individual military awards and decorations.  It does not list any award or decoration that includes the word "commemorative."  Awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders

8.  Commemorative medals made by private vendors are unauthorized on the military uniform.  Veterans may wear commemorative medals on public holidays; however, they are not authorized for wear on an active duty uniform.  The medal may be worn only on civilian attire and only after all other authorized awards.

9.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 44th Artillery, was cited for award of the:

* Valorous Unit Award, for the period 24 January through 16 February 1968, by DA General Orders (DAGO) Number 48, dated 1968
* Presidential Unit Citation, for the period 27 November 1966 through 15 September 1967, by DAGO Number 32, dated 1973

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

11.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  The regulation stated a bar was authorized for wear for each period of 6–months of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in the regulation or appropriate Department of the Army (DA) message.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded his unit, the 1st Battalion, 44th Artillery, the Valorous Unit Award, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The evidence of records shows he completed 3 years of active service.  He also received "excellent" conduct and efficiency rating during his period of active duty, attained pay grade E-5, served in Vietnam, and was eligible to reenlist.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 4 October 1966 through 3 October 1969 and its addition to his DD Form 214.

3.  During the Vietnam era it was a common practice to list overseas service bars in the awards block of a Soldier's DD Form 214.  However, they were and are items of clothing or uniform items and not awards and, as such, they should not be listed in the awards block of a DD Form 214. 

4.  The Vietnam War Commemorative Medal is a commemorative medal created by a private company and is not an official military award or decoration.  Only authorized military awards that are covered by Army Regulation 600-22-8 are authorized to be included on a DD Form 214.  Commemorative awards are not official military awards and as such it is not appropriate to include them on a 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 4 October 1966 through 3 October 1969
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Presidential Unit Citation
* 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 adding to his DD Form 214 overseas service bars and the Vietnam War Commemorative Medal.



      _______ _   __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)                                         AR20140021680





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021680



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1