PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 January 2003
	DOCKET NUMBER:   AR200207782

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann, Jr.		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, that his service in the Republic of Vietnam (RVN) and any awards or decorations to which he is entitled based on his RVN service be added to his separation document (DD Form 214).

3.  The applicant states, in effect, that he spent several months serving with Headquarters, Military Assistance Command Vietnam (MACV) in the RVN during the spring of 1969.  He states that he served his country honorably in the RVN and is asking for the recognition and awards associated with this RVN service.  In support of his application, he provides a Letter of Commendation, Letter of Appreciation, Temporary Duty Travel Orders to the RVN, and his DD Form 214. 

4.  The applicant’s military records show that he entered the Army on 13 May 1968, and that he continuously served on active duty for 1 year, 11 months, and 25 days, until being honorably released from active duty (REFRAD) on 7 May 1970.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in 
Item 38 (Record Of Assignments), that he was attached to and served with Headquarters, MACV, RVN, from 8 May 1969 to 29 November 1969.  In addition, 
Item 39 (Campaigns) credits the applicant with participation in the TET 69 Counteroffensive campaign.

6.  The DD Form 214 issued to the applicant on the date of his separation from active duty on 7 May 1970, confirms that he held the rank of specialist five/E-5 (SPC5/E-5) and was serving in military occupational specialty (MOS) 71L 
(Administrative Specialist) at that time.  It also shows that during his active duty tenure, he earned the National Defense Service Medal.  Item 8 (Foreign and/or Sea Service) contains the entry 1 year, 6 months, 23 days,  Item 30 (Remarks) contains the entry “RVN: NA.” 

7.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared and issued to all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in the RVN would be shown in the Remarks section of the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal and it states, in pertinent part, that this award is authorized to any solider who served in the RVN and it further states that one bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

9.  Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers.  This document confirms that the applicant’s service with MACV, RVN, entitles him to campaign participation credit for the TET 69 Counteroffensive campaign.

10.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Boards notes the applicant’s contention that his DD Form 214 does not accurately reflect his service in the RVN and the awards associated with that  service, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant was attached to Headquarters, MACV for duty and served in the RVN from 8 May to 
29 November 1969.  Thus, the Board concludes that it would be appropriate to correct the applicant’s DD Form 214 to document his service in the RVN to ensure he is not deprived of any benefits or entitlements due him as a result of this service in the RVN.

3.  The record also shows that based on his service and campaign participation in the RVN, the applicant is entitled to the Vietnam Service Medal with one bronze service star and the RVN Gallantry Cross with Palm Unit Citation.  Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by deleting the entry “RVN: NA” and add the entry “VIETNAM SERVCE: 690508-691129” to Item 30 (Remarks) of the 7 May 1970 DD Form 214 of the individual concerned; by showing he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 1 bronze service star; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:  

__KAN__  __GJW  _  __PHM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR200207782	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.