PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 July 2001
         DOCKET NUMBER: AR2001055456


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley Powell		Member
Mr. Donald P. Hupman		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.

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2. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 14 January 1972, to show award of the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, and the Expert Marksmanship Qualification Badge with the M-79 Grenade Launcher Bar. In addition, he requests that his DD Form 214, with an effective date of 14 January 1972, be corrected to show his date of entry as “19 September 1968” instead of “26 May 1969” and to include military occupational specialty (MOS) 64B20 (Heavy Vehicle Driver) in item 23a (Specialty Number and Title).

3. The applicant states that he needs a new DD Form 214 to show these corrections. In support of his application, he submits two DD Forms 214, orders awarding him the Army Commendation Medal, a DA Form 1577 (Authorization for Issuance of Awards), a weekly basic combat training record, and a record of his assignments.

4. The applicant’s military records show that he enlisted in the Regular Army on 19 September 1968 for a period of three years. He completed basic and advanced individual training and served in Germany from 7 February 1969 through 30 January 1970 as a carpenter. He reenlisted on 26 May 1969 and served in Vietnam from 14 March 1970 through 16 February 1971. The applicant was honorably released from active duty on 14 January 1972 in the rank of sergeant.

5. The applicant’s service personnel records contain two DD Forms 214. His DD Form 214, with an effective date of 14 January 1972, does not show the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, or the Expert Marksmanship Qualification Badge with the M-79 Grenade Launcher Bar as authorized awards.

6. The applicant provided a copy of 20th Engineer Brigade General Orders Number 85, dated 25 February 1971, which awarded him the Army Commendation Medal for meritorious service from 14 March 1970 to 13 March 1971.

7. The applicant also provided a copy of DA Form 1577, dated 23 January 1992, which shows he was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.



8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge based on Department of the Army General Orders Number 8, dated 1974.

9. The applicant’s DD Form 214, with an effective date of 25 May 1969, shows entitlement to the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, U.S. Army Training Center Special Orders Number 313, dated 8 November 1968.

10. There are no orders in the applicant’s personnel records which show he was awarded the Expert Marksmanship Qualification Badge for qualifying with the
M-16 Rifle Bar or the Expert Marksmanship Qualification Badge for qualifying with the M-79 Grenade Launcher. The applicant’s DA Form 20 does not show that he qualified as Expert with the M-16 Rifle or that he qualified as Expert with the M-79 Grenade Launcher.

11. The applicant’s DD Form 214, with an effective date of 14 January 1972, shows he entered active duty on 26 May 1969. His DD Form 4 (Enlistment Contract) shows he reenlisted in the Army on 26 May 1969.

12. Item 23a (Specialty & Title) on the applicant’s DD Form 214, with an effective date of 14 January 1972, shows the entry “51B20 Carpenter 31Jan69”. His DA Form 20 does not show he was awarded MOS 64B (Heavy Vehicle Driver). There are also no orders in his records which show he was awarded MOS 64B.

13. The Board noted that the applicant is entitled to the Vietnam Service Medal with three bronze service stars which is not shown on his discharge documents.

14. The applicant’s DD Form 214, with an effective date of 14 January 1972, shows entitlement to the Vietnam Service Medal. His DA Form 20 shows he received credit for participation in the Vietnam Winter-Spring Campaign in
item 39 (Campaigns). Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the DA Sanctuary Counteroffensive Campaign and the Vietnam Counteroffensive, Phase VII Campaign during his tour in Vietnam.

15. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

16. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that the date entered on active duty or date of enlistment or reenlistment will be entered in Item 17c of the DD Form 214.

17. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.

18. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 23a (Specialty Number & Title).

19. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. Orders show the applicant was awarded the Army Commendation Medal for meritorious service from 14 March 1970 to 13 March 1971; therefore, he is entitled to correction of his DD Form 214, with an effective date of 14 January 1972, to show award of the Army Commendation Medal.

2. Evidence of record shows the applicant was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge; therefore, his DD Form 214, with an effective date of 14 January 1972, will be amended to show this badge.

3. Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar during his first period of service and his DD Form 214, with an effective date of 25 May 1969, correctly reflects this badge. Therefore, the applicant is not entitled to correction of his DD Form 214, with an effective date of 14 January 1972, to show the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.



4. There is no evidence of record which shows the applicant was awarded or qualified for the Expert Marksmanship Qualification Badge with M-16 Rifle Bar or the Expert Marksmanship Qualification Badge with the M-79 Grenade Launcher; therefore, he is not entitled to correction of his records to show these badges.

5. Records show the applicant served on active duty from 19 September 1968 to 25 May 1969 and was issued a DD Form 214 which covered this period of service.

6. The applicant reenlisted on 26 May 1969 and served on active duty until 14 January 1972. His second DD Form 214 correctly shows this period of service.

7. Based on the governing regulation, in effect at the time, a DD Form 214 will not be prepared to cover previous periods of service for which a DD Form 214 has already been issued. Therefore, the applicant is not entitled to correction of his DD Form 214 with an effective date of 14 January 1972 to show he entered active duty on 19 September 1968.

8. There is no evidence of record which shows the applicant was awarded MOS 64B (Heavy Vehicle Driver). Therefore, he is not entitled to correction of his discharge documents to show MOS 64B.

9. The applicant’s DD Form 214, with an effective date of 14 January 1972, shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214, with an effective date of 14 January 1972, to show these awards.

10. 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 the individual concerned be corrected:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 14 January 1972; and

b. by showing he was awarded the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:

FNE_____ SP_____ DPH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001055456
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001055456
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.