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ARMY | BCMR | CY2001 | 2001059104C070421
Original file (2001059104C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001059104


         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
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Stanley Kelley Member
Ms. Karen A. Heinz 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 that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be updated to reflect any and all medals and decorations to which he is entitled.

3. The applicant states, in effect, that he attended basic training at Fort Polk, Louisiana and was then sent to Vietnam where he served for 19 months in combat with the 101st Airborne Division. The applicant believes he is entitled to awards and decorations that are not reflected on his DD Form 214 and wants the staff of the Board to thoroughly research his request and advise him of the results.

4. The applicant’s military records show that he was inducted in the Army of the United States on 19 March 1970 for a period of 2 years. Following completion of all military training, he was awarded military occupational specialty (MOS) 94B, Cook, and was assigned to the Republic of Vietnam for his first permanent duty station. He served there with Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry (Airmobile), 101st Airborne Division from 8 August 1970 to 8 March 1972.

5. On 17 March 1972, the applicant was separated with an honorable discharge by reason of early separation of overseas returnees and transferred to the United States Army Reserve. He had 1 year, 11 months, and 29 days of creditable service. His DD Form 214 reflects the following awards: National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal with Device 1960.

6. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

7. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.


8. AR 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. It shows the applicant served in Vietnam during the following campaigns: Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971), Consolidation I (1 July 1971-30 November 1971), and Consolidation II (1 December 1971-29 March 1972).

9. AR 600-8-22 also provides that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

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 Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

CONCLUSIONS:

1. The Board carefully reviewed the applicant’s record and determined that he was entitled to the GCMDL, 3 bronze service stars for his Vietnam Service Medal, 3 overseas service bars for his tour of duty in Vietnam, and the Vietnam Gallantry Cross with Palm Unit Citation.

2. 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 issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the GCMDL, 3 bronze service stars for his Vietnam Service Medal, 3 overseas service bars, and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_INW____ __SK___ __KAH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Irene N. Wheelwright__
                  CHAIRPERSON




INDEX

CASE ID AR2001059104
SUFFIX
RECON
DATE BOARDED 20011115
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19720317
DISCHARGE AUTHORITY AR 35-200, c5
DISCHARGE REASON Early Separation of Overseas Returnee
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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