IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170003446 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 20 November 2018 DOCKET NUMBER: AR20170003446 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests: a. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 12 February 1971 to show the – * Army Good Conduct Medal * Army Commendation Medal * Korea Defense Service Medal * Honorable Discharge Commemorative Medal * Vietnam 50th Anniversary Commemorative Medal * Republic of Vietnam Gallantry Cross * Presidential Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Overseas Service Commemorative Medal * Republic of Vietnam Service Commemorative Medal * Combat Service Commemorative Medal * U.S. Army Commemorative Medal * American Defense Commemorative Medal * 50th Anniversary Korean Commemorative Medal * Korea Service Medal * Armed Forces Service Medal * Combat Action Honor Commemorative Medal * Armed Forces Expert Marksman Commemorative Medal * Bronze Star Medal with Germany, Japan, and Asia Bars * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars * Marksman Marksmanship Qualification Badge with Hand Grenade, Bayonet, and Pistol (.45) Bars * Driver and Mechanic Badge b. A personal appearance before the Board. 2. The applicant states the medals, badges, commendation citations, and campaign ribbons he was authorized are not recorded on his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document: 1971 DD Form 214 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Forms 214 for the periods ending on 26 September 1967 and 12 February 1971 * DA Form 20 (Enlisted Qualification Record) * Special Orders (SO) Number 168, 47, and 52 * DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) REFERENCES: 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The Armed Forces Expeditionary Medal is awarded for qualifying service in military operations in Korea from 1 October 1966 to 30 June 1974. That service members who qualified for the Armed Forces Expeditionary Medal by reasons of those service dates, in an area for which the Korea Defense Service Medal was subsequently authorized, are eligible for both awards. d. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. The applicant's service in Vietnam coincided with the Vietnam Summer-Fall 1969 campaign (9 June 1969—31 October 1969). e. The Army Commendation Medal is awarded to any Servicemember of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Award of the Army Commendation Medal requires a formal recommendation, approval by proper authority, and announcement in orders. 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show his unit, 1st Battalion, 82nd Artillery, was cited for any awards during his period of service in Vietnam. 5. Department of the Army (DA) General Orders (GO) Number 8, dated 1975, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 6. 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. Commemorative medals are not recorded on the DD Form 214. 7. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. c. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. While 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 13 December 1965 and he held military occupational specialty (MOS) 64B (Heavy Vehicle Driver). 3. He was honorably discharged on 26 September 1967 for immediate reenlistment. His DD Form 214 shows he completed 1 year, 9 months, and 14 days of active service and he was awarded the National Defense Service Medal. 4. He reenlisted in the Regular Army on 27 September 1967 and continued to hold MOS 64B. His records contain the following: a. SO's Number 168, 47, and 52, which awarded him the Driver and Mechanic Badge with Wheeled Vehicle Bar and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). b. A DA Form 2627-1, which shows he accepted nonjudicial punishment on 14 July 1969, for being absent without leave from 8 to 10 July 1969. His punishment included a suspended reduction to pay grade E-3, a forfeiture of $25.00 pay for 1 month, and restriction for 14 days. 5. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and 35 (Record of Assignments) show he served in: (1) Germany from 3 December 1967 to 30 September 1968. (2) Vietnam from 23 May to 1 July 1969, during one campaign, and was assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 82nd Artillery. (3) Korea from 16 October 1970 to 15 November 1971. (4) He received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence indicating he was the subject of any court-martial convictions and/or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. b. Item 41 (Awards and Decorations) shows he was awarded and authorized the National Defense Service Medal, Driver Badge with Wheeled Vehicle Bar, Vietnam Service Medal, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. Item 42 (Remarks) shows he was eligible for reenlistment. 6. He was honorably discharged in the rank/grade of specialist four (SP4)/E-4 on 12 February 1971, by reason of hardship. His DD Form 214 shows he completed 3 years, 5 months, and 16 days of net service this period and 5 years and 3 months of total active service. His DD Form 214 also shows in: • Item 22c (Foreign And/Or Sea Service) – 1 year, 5 months, and 4 days and the entry USARPAC (U.S. Army Pacific) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – • National Defense Service Medal • Vietnam Service Medal • Armed Forces Expeditionary Medal • Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. He was awarded the Driver and Mechanic Badge with Wheeled Vehicle Bar and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of service. His 1971 DD Form 214 does not list these badges. 8. He completed a qualifying period of service for award of the Korea Defense Service Medal, which may be added to his 1971 DD Form 214. 9. He received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP4/E-4, served in Vietnam, and completed over 3 years of honorable service. His minor misconduct did not affect his conduct and efficiency ratings. The Board must determine if his overall record of service supports awarding him the Army Good Conduct Medal (1st Award) for the period 27 September 1967 to 26 September 1970. 10. He was awarded the Vietnam Service Medal and participated in one campaign during his service in Vietnam. The service star he is authorized is not listed on his 1971 DD Form 214. 11. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period coinciding with his period of service in Vietnam. His 1971 DD Form 214 does not list this unit award. 12. He served in Korea from October 1970 to May 1971. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954, which was prior to his period of service. 13. There is no evidence showing his eligibility for any other awards for his service other than those addressed above. 14. Most commemorative medals are not officially recognized. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, commemorative medals and they are not governed by the provisions of AR 600-8-22. There is no regulatory provision to list or issue such medals. These include the Vietnam 50th Anniversary Commemorative Medal, Overseas Service Commemorative Medal, Republic of Vietnam Service Commemorative Medal, Combat Service Commemorative Medal, U.S. Army Commemorative Medal, American Defense Commemorative Medal, 50th Anniversary Korean Commemorative Medal, Combat Action Honor Commemorative Medal, and Armed Forces Expert Marksman Commemorative Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003446 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2