2.  The applicant requests his records be corrected to show entitlement to the Silver Star (SS), the Purple Heart (PH) and the Republic of Vietnam (RVN) Distinguished Service Order, Second Class.

3.  During the period 17 January 1949-19 January 1950 and  16 October 1950-11 July 1955, the applicant served on active duty as an enlisted soldier.

4.  On 12 July 1955, he was commissioned as a Second Lieutenant, Artillery and his service thereafter was continuous.

5.  During the period 30 July 1969-12 June 1971, he served in the RVN.

6.  On 10 April 1971, a recommendation for award of the SS was prepared and forwarded to the Commander United States Military Assistance Command, Vietnam (COMUSMACV).  The Commander, II Field Force Vietnam recommended approval for the regrading to the Bronze Star Medal for Valor (BSM(V)) and the Commander, Third Regional Assistance Command, Vietnam, approved that regrading.  On 8 October 1971, COMUSMACV published General Orders Number 4365 which awarded the BSM (V), to the applicant. 

7.  On 15 May 1971, the Military Assistance Command, Vietnam authorized the applicant to accept and wear the RVN Distinguished Service Order, Second Class.

8.  On 17 February 1971, the applicant was notified of his pending release from active duty, based on the current and contemplated strength reductions. 

9.  On 2 August 1971, a physical examination cleared the applicant for separation and retirement.  There was no mention of wounds by either the applicant or physicians.

10.  On 27 August 1971, the applicant requested he be voluntarily retired effective 31 October 1971.

11.  On 31 October 1971, he was separated from active duty in pay grade 05, under Army Regulation 635-100 and placed on the retired list effective 1 November 1971.  His Report of Separation indicates that he had a total of 22 years,       9 months and 14 days of creditable service.

12.  On 11 January 1984, a VA Rating Decision awarded the applicant a service-connected disability rating of          0 percent, effective 7 May 1982, for various medical conditions.  In 1995 and 1996, these percentages were increased. 

13.  On 5 February 1997, the Commander, Total Army Personnel Command, rendered an opinion (COPY ATTACHED) in which the requirements for award of the SS and the PH were set forth; the applicant’s allegations were refuted; and, a recommendation that his record be corrected to show entitlement to the RVN Distinguished Service Order, Second Class.  Further, that command directed the correction of that portion of the applicant’s Report of Separation pertaining to his awards by correction of selected entries. The recommendation was that the applicant’s request be denied.

CONCLUSIONS:

1.  The evidence of record shows that the RVN Distinguished Service Order, Second Class should be entered on his Report of Separation.

2.  There is no evidence that he was awarded the SS; however, there is evidence that the command downgraded the initial recommendation to an appropriate award.

3.  There is no evidence that he was entitled to award of the PH.

4.  In view of the foregoing, it would be proper to correct his Report of Separation, but only as shown below.


RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing his entitlement to the RVN Distinguished Service Order, Second Class.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON