PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 March 2002
	DOCKET NUMBER:   AR2001063928

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

| Mr. Carl W. S. Chun | | Director
| Mr. Jessie B. Strickland | | Analyst

The following members, a quorum, were present:

| Mr. George D. Paxson | | Chairperson
| Ms. Deborah S. Jacobs | | Member
| Mr. Ronald E. Blakely | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to reflect the decorations and awards issued to him by the National Personnel Records Center (NPRC).

3.  The applicant states, in effect, that the NPRC issued him the medals that he was entitled to receive; however, they have not been entered on his report of separation (DD Form 214). 

4.  The applicant’s military records show that he was inducted in Columbus, Ohio on 1 April 1968.  He successfully completed his training and was transferred to Vietnam on 25 April 1969, where he was assigned to the 42d Infantry Platoon (Scout Dog), as a scout observer.  He remained in Vietnam until 20 March 1970, when he was returned to Fort Lewis, Washington.

5.  He was honorably released from active duty (REFRAD) in the pay grade of  E-4 on 20 March 1970, and was transferred to the United States Army Reserve Control Group (Annual Training).  He had served 1 year, 11 months and 19 days of total active service, all of which he was rated with excellent conduct and efficiency ratings.  His report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM) and the Meritorious Unit Citation (MUC-AFL).

6.  A review of the applicant’s records shows that the award that was transcribed on his DD Form 214 as MUC-AFL was actually the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and was improperly annotated on his DD Form 214.  There is no evidence that the unit ever received the MUC.

7.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that his unit was also awarded the Republic of Vietnam Civil Action Honor Medal First Class (RVNCAHM-FC) Unit Citation for the period in which he was assigned to that unit.

8.  As a result of two previous requests from the applicant to the NPRC, the NPRC authorized the issuance of the Bronze Star Medal (BSM), the Army Achievement Medal (AAM), the Good Conduct Medal (GCMDL), the NDSM, the VSM with one bronze service star, the CIB, the RVNCM, the Army Commendation Medal (ARCOM), and the MUC.

9.  Army Regulation 600-8-22 provides the criteria for awards and decorations.  It provides, in pertinent part, that the AAM was established by the Secretary of the Army on 10 April 1981 and is awarded to members serving in a non-combat area on or after 1 August 1981.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was improperly awarded a MUC-AFL at the time of his separation.  His unit was awarded the RVNGC w/Palm Unit Citation.  Accordingly, he should be awarded that award and his record corrected accordingly.

2.  The applicant was improperly issued an AAM for his service; however, the AAM did not exist at the time the applicant served and was not authorized for issuance until approximately 10 years later.  Accordingly, that award cannot be entered on his records.

3.  However, there is sufficient evidence to show that he was properly issued the CIB, the BSM, the ARCOM, and the GCMDL.  Therefore, it would be in the interest of justice to add those to his records at this time. 

4.  Additionally, his unit was awarded the RVNCAHM-FC Unit Citation and that award should be issued and entered into his records as well.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the entry “MUC-AFL” is deleted and the RVNGC w/Palm Unit Citation is awarded and entered in its place.

	b.  by awarding the individual concerned the RVNCAHM-FC Unit Citation and correcting his records accordingly: and  

c.  by correcting his records to show that he was awarded the CIB, BSM, ARCOM, and the GCMDL.

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

BOARD VOTE:  

___gp___  ___reb __  __dj ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID | AR2001063928
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/03/26
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT PARTIAL
REVIEW AUTHORITY |
ISSUES         1.  189 | 110.0000/CORR 214
2. |
3. |
4. |
5. |
6. |