PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001061895


         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. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 award of the Bronze Star Medal (First Oak Leaf Cluster), an unspecified campaign ribbon for the “12th campaign” (correctly known as the Vietnam Winter-Spring 1970 Campaign) and unspecified marksmanship qualification badges for qualification on the
“M-79” Grenade Launcher and the M-60 Machine Gun.

3. The applicant states that the Bronze Star Medal (First Oak Leaf Cluster) is not recorded on his DD Form 214 or in his 201 file. He believes that some campaign ribbons were not awarded to him for the “12th campaign”. He also states that he qualified on the M-79 Grenade Launcher and the M-60 Machine Gun. In support of his application, he submits two photographs of a Bronze Star Medal (First Oak Leaf Cluster).

4. The applicant’s military records show that he enlisted in the Army on 29 February 1968, completed basic and advanced individual training, and served in Vietnam from 19 June 1969 through 16 May 1970. The applicant was honorably released from active duty on 26 February 1971.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal (First Oak Leaf Cluster) as an authorized award.

6. The applicant’s personnel records contain Headquarters, Americal Division General Orders Number 5013, dated 31 May 1970, which awarded him the Bronze Star Medal for meritorious service during the period June 1969 to June 1970. There are no orders in his records which show he was awarded a second award of the Bronze Star Medal.

7. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal with two bronze service stars. His DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Summer-Fall 1969 Campaign and the “12th Campaign” [Vietnam Winter-Spring 1970] 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 during his tour in Vietnam.

8. Item 29 (Qualification in Arms) of the applicant’s DA Form 20 does not indicate that the applicant qualified as a marksman with the M-79 Grenade Launcher or the M-60 Machine Gun. There are no orders in his personnel records which award him marksmanship qualification badges based on qualification with the M-79 Grenade Launcher or the M-60 Machine Gun.

9. The Board noted that the applicant is entitled to the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 196th Infantry Brigade, was cited for award of the Valorous Unit Award for actions during the period
11 to 31 August 1969 by Department of the Army General Orders Number 43, dated 1972. While the applicant was still assigned to the 196th Infantry Brigade, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12. 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.

13. 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.

CONCLUSIONS:

1. Orders show the applicant was awarded the Bronze Star Medal for meritorious service during the period June 1969 to June 1970. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the second award of the Bronze Star Medal. Therefore, the applicant’s DD Form 214 will be amended to show only one award of the Bronze Star Medal.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars based on his participation in the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns. However, evidence of record shows the applicant also participated in the DA Sanctuary Counteroffensive Campaign during his assignment in Vietnam. 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 to show these awards.
3. There is no evidence available to the Board which shows the applicant qualified with the M-79 Grenade Launcher or the M-60 Machine Gun or that he was awarded these badges; therefore, there is no basis for correcting his DD Form 214 to show these badges.

4. While the applicant was assigned to the 196th Infantry Brigade in Vietnam, the unit was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 will be amended to show these awards.

5. 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 with two bronze service stars from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and

         b. by showing he was awarded the Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation in item 24 of his DD Form 214.

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

BOARD VOTE:

AAO____ JTM_____ LE______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001061895
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011127
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0000
3.
4.
5.
6.