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ARMY | BCMR | CY2001 | 2001057994C070420
Original file (2001057994C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001057994


         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. P. A. Castle Analyst

The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Thomas A. Pagan Member
Mr. Melvin H. Meyer 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 report of discharge (DD Form 214) be corrected to show that he was awarded the Bronze Star Medal (BSM), Vietnam Campaign Medal (VCM) and other awards that he earned.

3. The applicant’s military record shows that he was inducted on 1 May 1964. He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 16 September 1965. He was awarded the Purple Heart on 13 October 1965. He remained in Vietnam until he was sent to Oakland, California, where he was honorably released from active duty and was transferred to the USAR Control Group (Reinforcement). The applicant’s DD Form 214 shows he had served 1 year, 11 months, and 22 days of total active service.

4. The applicant’s DD Form 214 shows as authorized awards, the Combat Infantryman Badge (CIB), the Purple Heart (PH), and the Vietnam Service Medal (VSM). However, evidence of record shows that he served in Vietnam from 16 September 1965 through 22 April 1966. He participated in two campaigns during his assignment in Vietnam (Vietnam Defense Campaign, 8 March 1965 to 24 December 1965 and Vietnam Counteroffensive, 25 December 1965 to 30 June 1966) which are not shown by award of two bronze service stars (BSS) for wear on his already awarded VSM.

5. The available records also reflect that the applicant should have been awarded the Good Conduct Medal (GCM), Vietnam Campaign Medal (VCM), the Presidential Unit Citation (PUC), and the award of the Republic of Vietnam Gallantry Cross w/Palm Unit Citation.

6. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. There is no order in the applicant’s service personnel record, to show that he was awarded the Bronze Star Medal. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations). The applicant did not provide a copy of an order or an award certificate in support of his claim for this award.

7. Army Regulation 600-8-22 (Military Awards), 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.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM). The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.

9. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation, and the award of the Republic of Vietnam Gallantry Cross w/Palm Unit Citation.

CONCLUSIONS:

1. There is no evidence of record nor has the applicant provided evidence that he was ever recommended for or awarded the Bronze Star Medal.

2. The applicant is authorized two BSS for his already awarded Vietnam Service Medal for service in Vietnam during two campaigns.

3. The applicant is eligible for the Vietnam Campaign Medal by virtue of having served 6 months in Vietnam.

4. The unit citation and campaign participation credit register lists the awards of the applicant’s unit in Vietnam. He qualifies for the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross w/Palm Unit Citation.

5. A Good Conduct Medal should have been awarded to the applicant for his 1 year, 11 mos, and 22 days of distinguishing service. Accordingly, it would be in the interest of justice to do so at this time.

6. 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 awarding the individual concerned the Vietnam Campaign Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Good Conduct Medal and two bronze service stars for wear on his already awarded VSM.

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

BOARD VOTE:

__gp____ __mm___ __tap __ GRANT AS STATED IN RECOMMENDATION

________ ________ _______ GRANT FORMAL HEARING

________ ________ _____ _ DENY APPLICATION




                  ____George D. Paxson_____
                  CHAIRPERSON




INDEX

CASE ID AR2001057994
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/02/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 40 107.0000
2. 60 107.0014
3.
4.
5.
6.



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