PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 March 2003
	DOCKET NUMBER:   AR2002080878

	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. Joann H. Langston | | Chairperson
| Mr. Raymond V. O’Connor, Jr. | | Member
| Ms. Eloise C. Prendergast | | 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 record be corrected to show his rank as sergeant/E-5 (SGT/E-5), that he earned two bronze service stars, to show his correct Service Number (SN), and to provide him all promotions to which he is entitled. 

3.  The applicant states, in effect, that he was separated from the Army a month early, and that all the awards to which he was entitled were not listed on his separation document (DD Form 214).  In support of his application, he provides a copy of orders that awarded him the Army Commendation Medal with Valor (“V”) Device and a copy of his DD Form 214. 

4.  The applicant’s military records show that on 27 August 1968, he was honorably discharged by reason of early release for school.  At the time of his separation, he had completed 1 year, 10 months, and 29 days of active military service. 

5.  The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation confirms that he held the rank and pay grade of specialist/E-4 (SP4/E-4) on that date.  It also shows that he was serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and that during his active duty tenure, he earned the following awards:  Purple Heart; Army Good Conduct Medal; National Defense Service Medal; Vietnam Service Medal (VSM): Combat Infantryman Badge; and Republic of Vietnam (RVN) Campaign Medal with 60 device.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the highest rank he attained while serving on active duty was SP4/E-4.  It also shows that he served in the RVN from 10 October 1967 to 26 August 1968, and that he  was assigned to Troop C, 3^rd Squadron, 17^th Cavalry Regiment, performing duties in MOS 11B as a light weapons infantryman.

7.  The applicant’s DA Form 20 and Military Personnel Records Jacket (MPRJ) contain no orders, documents, or other information that indicates that he was ever recommended for, promoted to, or held a rank above SP4/E-4 during his tenure on active duty.  However, his MPRJ did contain a copy of a correction to his separation document (DD Form 215), dated 2 July 1974, which corrected the SN that was originally entered on his DD Form 214.  

8.  The applicant provided a copy of General Order (GO) Number (#) 4610, dated 15 July 1968, issued by Headquarters, 1^st Aviation Brigade, RVN.  This order shows that he was awarded the Army Commendation Medal (ARCOM) with a
“V” Device, for heroism in connection with military operations against an armed hostile force in the RVN on 17 March 1968.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with.  Table B-1 lists all campaigns, service requirements, and inscriptions for streamers.  It confirms that during the applicant‘s tenure of assignment in the RVN, he was credited with participating in the following three RVN campaigns.  TET Counteroffensive Campaign; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1.  The Board notes the applicant’s contentions that he was promoted to sergeant/E-5 (SGT/E-5), that he earned two bronze service stars, that his SN be corrected, and that he be given all promotions to which he is entitled.  However, it finds only partial merit in these claims.  

2.   The evidence of record confirms that the highest rank the applicant held while serving on active duty was SP4/E-4, and there are no orders, documents, or other information that indicates that he was ever recommended for, held, or was promoted to a higher grade while he was serving on active duty.  However, the applicant’s record does contain a DD Form 215, dated 2 July 1974, which corrected the SN listed in his original separation document.   

3.   The evidence of record does confirm that the applicant was awarded the ARCOM with a “V” Device, and this award was not properly included in the awards listed in his separation document.  It also verifies his entitlement to three bronze service stars with his Vietnam Service Medal based on his RVN campaign participation.  Therefore, the Board finds it would be appropriate to add these awards to his record at this time. 

4.  In addition, the evidence of record also confirms that based on his service in the RVN, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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 by showing that the individual concerned earned the ARCOM with 
“V” Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:  

___JHL__  __RVO__  __ECP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID | AR2002080878
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2003/03/27
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | Partial Relief
REVIEW AUTHORITY |
ISSUES         1. | 107.0014
2. | 131.0000
3. |
4. |
5. |
6. |