PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001062554


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		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 his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 29 March 1966 and 27 August 1973, be corrected in Item 2 (Service Number) to show his service number as ending with the numerals “641" vice “541” and 642” respectively. He also requests that his DD Form 214 be corrected to show his Vietnam Service and all of the awards that he is authorized.

3. The applicant states that the Board should check his military records to make the necessary corrections.

4. In support of his request, the applicant submits DD Forms 214 for service from 30 March 1965-29 March 1966 and from 19 November 1970-27 August 1973 and citations for award of the Army Commendation Medal (ARCOM) and the Air Medal (AM).

5. The applicant’s military records are incomplete. Available records show that he initially enlisted in the Regular Army (RA) on 30 March 1965 for 3 years. Available DD Forms 4 (Enlistment Record-Armed Forces of the United States) show that the applicant served the following period of enlistment -- 30 March 1965 through 29 March 1966, 30 March 1966 through 3 October 1969, 4 October 1969 through 18 November 1970, and 19 November 1970 through 27 August 1973. Only the two DD Forms 214 submitted by the applicant are available; the DD Forms 214 issued on 3 October 1969 and 18 November 1970 are not in the records.

6. The applicant’s initial enlistment contract (his DD Form 4 dated 30 March 1965) shows his service number as ending with the numerals “641.”

7. On 29 March 1966, while he was assigned to Babenhausen Kaserne, Germany, the applicant was honorably discharged for the purpose of immediate reenlistment. He was issued a DD Form 214. This time his service number is incorrectly shown as ending with the numerals “541” when it should end with the numerals “641.” His DD Form 214 also shows that he had completed 1 year of active military service, of which 7 months and 4 days was Foreign Service in Germany. The exact dates of his Foreign Service are unknown.

8. On 30 March 1966, the applicant reenlisted in the RA for 4 years, his present duty assignment (Babenhausen Kaserne), his previous MOS, and pay grade E-3. His DD Form 4 shows his service number as correctly ending with the numerals “641.” He served until he was honorably discharged 3 October 1969 for the purpose of immediate reenlistment. He had completed 3 years, 6 months and 4 days of active military service. It would have been during this period of service that he would have served in the RVN. The exact dates of his Vietnam Service cannot be verified, since his DD Form 214 issued on 3 October 1969 is not a matter of record.
9. However, General Orders Number 1848, dated 22 April 1967, indicates that the applicant was awarded the AM for meritorious achievement while participating in aerial flight from August 1966-March 1967. General Orders Number 517, dated 22 January 1968, indicates that he was awarded the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam (RVN) from February 1967-February 1968. Both orders are from Headquarters, 1^st Calvary Division (Airmobile) which was located in Vietnam. Both orders also show that he was assigned to Battery B, 1^st Battalion, 21^st Artillery when the orders were issued. The citations that he submitted are for the same periods of service as the orders. Both the AM and the ARCOM that the applicant wants annotated on his DD Form 214 may or may not already be annotated on his DD Form 214 issued on 3 October 1969, but not in his record.

10. On 4 October 1969, while assigned to Armstrong Barracks, Buedingen, Germany, the applicant reenlisted for 3 years, his current duty assignment, MOS 13B (Light and Medium Field Artillery Crewman) and in pay grade E-5. His DD Form 4 shows his social security number is annotated as his service number. He served until he was honorably discharged for the purpose of immediate reenlistment on 18 November 1970. He had completed 1 year and 15 days of active military service. His Foreign Service dates cannot be verified. His DD Form 214 issued at the time of separation is not contained in his OMPF.

11. On 19 November 1970, while assigned to Battery C, 2^nd Battalion, 83^rd Field Artillery, Germany, the applicant reenlisted for 3 years, Fort George G. Meade, Maryland, his previous MOS, and pay grade E-5. His DD Form 4 shows his social security number is annotated as his service number. He served until he was honorably discharged on 27 August 1973. His final DD 214 issued at the time of discharge shows that his service number is incorrectly annotated as ending with the numerals “642.” He had completed 2 years, 9 months, and 4 days of active military service, of which 9 months and 10 days were Foreign Service served in Germany. He had 5 days of lost time from 7-11 October 1971 on this period of enlistment. He also had completed 5 years, 7 months, and 19 days of prior active military service.

12. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that Foreign Service performed during the period covered by the DD Form 214 will be entered in item 22c. The regulation also states that the amount of Foreign Service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

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13. 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.

14. AR 600-8-22 provides, in pertinent part, for award of: the National Defense Service Medal (NDSM) for honorable active service for any period between 1 January 1961 and 14 August 1974; the Vietnam Service Medal (VSM) to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973; and the Vietnam Campaign Medal (VCM) 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.

15. AR 600-8-22 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 (BSS) will be worn on the appropriate service medal. Based on the applicant’s period of service in Vietnam, he is authorized three BSS for wear on his VSM. He participated in the following campaigns: Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive, Phase III; and Tet Counteroffensive.

16. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one oversea 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 oversea service bar.

17. 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

18. AR 600-8-22 (Military Awards) 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. The applicant should have received a GCMDL for his initial period of Federal service, then a second GCMDL for the 3-year period March 1966 to October 1969.

CONCLUSIONS:

1. The applicant is entitled to have Item 2 on his DD Forms 214, issued on
29 March 1966 corrected to show that his service number ends with the numerals "641.”

2. The applicant is also entitled to have Item 2 on his DD Forms 214, issued on
27 August 1973, corrected to show that his service number ends with the numerals “641.”

3. Based on orders issued by Headquarters, 1st Cavalry Division in Vietnam, the record shows that the applicant served in Vietnam from August 1966 to February 1968, and that he was awarded the ARCOM and the AM. It can also be determined that he was entitled to award of the GCMDL with Oak Leaf Cluster, the NDSM, the VSM with three BSS, the VCM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and two OSB.

4. The applicant’s awards based on his Vietnam service should appropriately be cited on the DD Form 214 covering the period of his service in Vietnam. Unfortunately, that DD Form 214 (30 March 1966-3 October 1969) is not in the records, therefore, as an exception to policy, the Board authorizes the inclusion of these awards on the applicant’s final DD Form 214 (19 November 1970-27 August 1973).

5. Because the exact dates of the applicant’s service in Vietnam cannot be determined, the Board declines to direct that any dates of such service be recorded on the applicant’s DD Form 214. The Board believes that the establishment of the applicant’s entitlement to Vietnam era awards also establishes his service in Vietnam.

6. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

         a. issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) correcting Item 2 on his DD Form 214 dated 29 March 1966 to show that his correct service number ends with the numerals “641;” and

         b. issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) correcting Item 2 on his DD Form 214 dated 27 August 1973 to show that his correct service number ends with the numerals “641;” and that he is entitled to award of the ARCOM, AM, GCMDL with Oak Leaf Cluster, NDSM, VSM with 3 BSS, VCM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and two OSB.

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

BOARD VOTE:

__FNE___ __LE___ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062554
SUFFIX
RECON
DATE BOARDED	20020328
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19730827
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	A03.00
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	DASA
ISSUES 1.	144.0300
2.
3.
4.
5.
6.