PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001061927


         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
Mr. Ted S. Kanamine		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.

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2. The applicant requests that award of the Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states, in effect, that award of the Silver Star was deleted from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. In support of his application, he submits a copy of his DD Form 214 and an award certificate for the Silver Star.

4. The applicant’s military records show that he was inducted in the Army on 17 July 1968 and completed infantry training. He served in Vietnam from 4 July 1969 through 4 July 1970 and was released from active duty on 5 July 1970.

5. The applicant’s DD Form 214 does not show the Silver Star as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Silver Star. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Silver Star.

6. The applicant provided a copy of an award certificate, dated 1 September 1970, which shows he was awarded the Silver Star for gallantry in action on 22 June 1970 in the Republic of Cambodia.

7. The Board noted that the applicant is entitled to award of the Bronze Star Medal (First Oak Leaf Cluster), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

8. The applicant’s DD Form 214 shows entitlement to the Bronze Star Medal. Records show he was awarded the Bronze Star Medal for meritorious achievement during the period 31 July 1969 to 1 November 1969 based on 1st Infantry Division General Orders Number 3656, dated 8 March 1970.

9. The applicant’s personnel records show that he was awarded a second award of the Bronze Star Medal for meritorious service during the period July 1969 to July 1970 based on 1st Cavalry Division (Airmobile) General Orders Number 7901, dated 17 May 1970.

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 Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 by Department of the Army General Orders Number 43, dated 1972.
11. 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 based on Department of the Army General Orders Number 11, dated 1973.

12. Department of the Army Pamphlet 672-3 shows the applicant’s unit in Vietnam was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 January 1969 to 1 February 1970 by Department of the Army General Orders Number 42, dated 1972.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

15. 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.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Silver Star to the applicant. Upon review, the Board determined that the award certificate submitted by the applicant in support of his claim for award of the Silver Star is not sufficient as a sole basis for this award. Therefore, the applicant’s DD Form 214 will not be amended to show award of the Silver Star.

2. The applicant’s DD Form 214 shows the Bronze Star Medal as an authorized award. Orders show he was awarded a second award of the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (First Oak Leaf Cluster).

3. The applicant’s unit in Vietnam was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 will be amended to show these awards.

4. 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 this case be corrected:

a. by deleting the Bronze Star Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 of the individual concerned; and

b. by showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

FNE_____ TSK_____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061927
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020110
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.	107.0007
2.
3.
4.
5.
6.