IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160013838 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160013838 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 27 January 1970 to 31 August 1971 * deleting from item 24 of his DD Form 214 the Vietnam Service Medal * adding to item 24 of this form the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 issuance of all the awards listed on his DD Form 214 and award of the Army Service Ribbon and Cold War Medal/Recognition Certificate. ____________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. IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160013838 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 award of the Army Good Conduct Medal, issuance of all the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and any retroactive awards to which he may be entitled. 2. The applicant states if he must purchase the awards listed on his DD Form 214, he would at least like to have an official certificate stating his entitlement to these awards. He does not wear or display anything that he is not officially entitled to wear or display. In addition, he would like to know if he is authorized award of the Army Good Conduct Medal. He served with distinction and never received an Article 15 and/or any punitive actions against him. His records were researched by the American War Library for the awards he is entitled and the results do not match the awards listed on his DD Form 214. He wants his military records and DD Form 214 to be corrected because he is applying for service-connected military benefits. 3. The applicant provides his DD Form 214, Honorable Discharge Certificate, and the American War Library Military Award Authorization Report. 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 27 January 1970 and he held military occupational specialty 17K (Ground Surveillance Radar Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 – he served in Vietnam from 11 June 1970 to 30 August 1971, during two campaigns * Item 35 (Record of Assignments) – he was assigned to the: * 23rd Administration Replacement Detachment, from 14 to 23 June 1970 * Company E, 40th Battalion, 3rd Infantry, 23rd Infantry Division, from 24 June 1970 to on or about 20 August 1971 * he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 41 (Awards and Decorations) – lists all the awards listed on his DD Form 214 and one Overseas Service Bar 4. He was honorably released from active duty, in the rank/grade of Specialist Four (SP4)/E-4, on 31 August 1971. His DD Form 214 shows he completed 1 year, 7 months, and 4 days of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 1 year, 2 months, and 20 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Vietnam Campaign Medal * Two Overseas Service Bars * Bronze Star Medal * Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar 5. He provides his American War Library Military Award Authorization Report, wherein he was advised of his entitlement to all the awards listed on his DD Form 214 and the Army Service Ribbon and Cold War Medal. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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-marital. 2. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * Vietnam Counteroffensive, Phase VII, 1 July 1970 – 30 June 1971 * Consolidation I, 1 July 1971 – 30 November 1971 b. The Army Service Ribbon, effective 1 August 1981, is awarded to member of U.S. Army for successful completion of initial entry training. The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. c. In accordance with Title 10, U.S. Code, sections 1135, 3747, and 3751 all U.S. Army medals are presented at no cost to an awardee. Replacement of medals will be issued on a one-time basis and without charge to the recipient of the military decoration or the immediate primary next of kin of a deceased recipient. Subsequent replacement of medals or service ribbons for individuals not on active duty may be made at cost price. No money should be mailed until instructions are received from the National Personnel Records Center (NPRC). Requests will be honored from the original recipient of the award, or if deceased, from his/her primary next of kin. Requests for medals on behalf of individuals having no current U.S. Army status or deceased prior to 1 October 2002 should be submitted to the NPRC, 1 Archives Drive, St. Louis, MO 63138–1002. 3. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit, the 23rd Infantry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 1 April to 30 June 1971, by DA General Orders Number 6, dated 1974. 5. Most commemorative medals, such as the Cold War Medal, 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, AR 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 AR 600-8-22 and, as a result, they may not be shown on a discharge document. 6. The award of the Cold War Recognition Certificate is also not governed by the provisions of AR 600-8-22 and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, 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. He may submit a request in writing to: U.S. Army Human Resources Command (AHRC), Cold War Recognition Program, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. DISCUSSION: 1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP/E-4, served in Vietnam, was awarded the Army Commendation Medal and Bronze Star Medal, and completed over 1 year of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 27 January 1970 to 31 August 1971. 2. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 3. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is not listed on his DD Form 214. 4. Army Service Ribbon was not established until 1981 and there is no evidence he was in an active status after 1 August 1981. As such, he does not meet the criteria for award of the Army Service Ribbon. 5. The Board is not the authority for issuance of replacement awards; therefore, he may submit a request in writing to the NPRC, 1 Archives Drive, St. Louis, MO 63138–1002. Also, he may submit a request in writing to HRC for award of the Cold War Recognition Certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013838 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013838 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2