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Decision Text

ARMY | BCMR | CY2001 | 2001059165C070421
Original file (2001059165C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2001
         DOCKET NUMBER: AR2001059165


         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. Rosa M. Chandler Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Bronze Star Medal (BSM).

3. The applicant states that he has submitted a copy of his certificate for award of the BSM in support of his request. He also submitted a copy of the citation for award of the BSM and a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army for 2 years on 22 July 1968 in order to attend Officer Candidate School (OCS). Upon successful completion of Engineer OCS at Fort Belvoir, Virginia, he was honorably discharged on 12 June 1969. On 13 June 1969, the applicant was commissioned and appointed a second lieutenant in the Military Intelligence Corps, United States Army Reserve (USAR). On the same date, he was ordered to active duty.

5. On 12 July 1971, the applicant was assigned to the Republic of Vietnam (RVN). He served as an advisor with Civil Operations Rural Development Support (CORDS), II Corps, Military Assistance Command Vietnam (MACV). Both the applicant's certificate and his citation show that he received the BSM for meritorious achievement in ground operations against hostile forces while an advisor with MACV.

6. The applicant returned to the United States on 4 February 1972 and, on 9 February 1972, he was honorably released from active duty and assigned to the USAR Control Group, St. Louis, Missouri.

7. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Vietnam Campaign Medal (VCM) with 60 Device, and one Overseas Service Bar.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

9. Army Regulation 600-8-22 also states that effective 1 March 1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations. This document shows the unit to which the applicant was assigned was cited for award of the MUC for the period 15 April 1970-15 April 1972 by Department of the Army General Order Number 11, dated 1973. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been discharged.

CONCLUSIONS:

1. The applicant has presented a copy of his BSM Certificate and his citation. Although award of the BSM must be announced in orders and no orders are available in this case, the Board, as an exception to policy, authorizes the applicant's BSM to be shown on his DD Form 214.

2. The applicant is also entitled to have his DD Form 214 corrected to show award of the MUC.

3. 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) to show award of the BSM and the MUC.

BOARD VOTE:

_ JLP____ _MHM__ _RKS___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001059165
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011120
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19720209
DISCHARGE AUTHORITY AR 635-100
DISCHARGE REASON
BOARD DECISION (Grant in Full)
REVIEW AUTHORITY ASA
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


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