PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 January 2003                   
	DOCKET NUMBER:   AR2002076985

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup 		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, in effect, correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Panama and Vietnam.  He also requests correction of item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Bronze Star Medal and the Army Commendation Medal.

3.  The applicant states that these items are not included on the latest DD Form 214 he received from the National Records Center in St. Louis, Missouri.  In support of his application, he submits a copy of his DD Form 214; an award certificate and citation for the Bronze Star Medal; an award certificate and citation for the Army Commendation Medal; reassignment orders to Panama, dated 
19 July 1968 and 12 August 1968; and promotion orders, dated 16 October 1968, published in Panama. 

4.  The applicant’s military records show that he enlisted on 14 March 1968 for a period of 3 years.  He served as a general vehicle repairman in Vietnam from 
17 February 1970 through 1 January 1971 and was honorably released from active duty on 2 January 1971.  The Board notes that the applicant was separated from the service on temporary records and a soldier’s affidavit.

5.  Item 22c (Foreign and/or Sea Service) on the applicant’s DD Form 214 shows he served 10 months and 15 days of foreign service in Vietnam.  

6.  The applicant’s DD Form 214 does not show the Bronze Star Medal or the Army Commendation Medal as authorized awards.

7.  In support of his claim to show his dates of service in Panama, the applicant provided copies of reassignment orders to Panama.  However, there is no evidence in the applicant’s service personnel records which shows his inclusive dates of service in Panama.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any service in Panama in item 31 (Foreign Service).  

8.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served  in Vietnam from 17 February 1970 through 16 February 1971.  The Board notes that the applicant was released from active duty on 2 January 1971.  

9.  Item 30 (Remarks) on the applicant’s DD Form 214 shows he served in Vietnam from 17 February 1970 through 1 January 1971, a total of 10 months and 15 days.

10.  There are no orders for the Bronze Star Medal in the applicant’s service personnel records.  However, the applicant provided an award certificate and citation for the Bronze Star Medal during the period June 1970 to December 1970 in Vietnam. 

11.  Headquarters 9th Infantry Division General Orders Number 9104, dated 
8 July 1969, show the applicant received the Army Commendation Medal for outstanding achievement during the period March 1969 to June 1969 in Vietnam. 

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

13.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.
  
CONCLUSIONS:

1.  The applicant was separated from the service on temporary records and a soldier’s affidavit.

2.  The Board noted the applicant’s request to show his dates of service in Panama in item 22c (Foreign and/or Sea Service) on his DD Form 214.  However, the applicant’s inclusive dates of service in Panama are not contained in the available service personnel records.  As a result, the Board is unable to determine his exact dates of service in Panama.  Therefore, there is no basis for granting the applicant’s request.

3.  The Board considered the applicant’s request to show his dates of service in Vietnam in item 22c (Foreign and/or Sea Service) on his DD Form 214.  However, the orders for the Army Commendation Medal show the applicant served in Vietnam from March 1969 to June 1969, a total of 4 months.  Also, item 22c (Foreign and/or Sea Service) on his DD Form 214 shows that he served 
10 months and 15 days in Vietnam and item 30 (Remarks) on his DD Form 214 shows he served in Vietnam from 17 February 1970 through 1 January 1971, a total of 10 months and 15 days.  As a result, the Board is unable to determine his exact dates of service in Vietnam. Therefore, there is no basis for granting the applicant’s request.   

4.  The applicant presented an award certificate and citation for award of the Bronze Star Medal.  There are no orders which award the Bronze Star Medal to the applicant.  However, the Board determined the award certificate and citation were sufficient for award of the Bronze Star Medal in this case.

5.  The applicant received the Army Commendation Medal.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal and the Army Commendation Medal.

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

BOARD VOTE:  

RVO___  AAO____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002076985	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0014	
3.	107.0020	
4.	107.0000	
5.		
6.