PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2001063135


         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Roger W. Able		Member
Ms. Karen Y. Fletcher		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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB) and a Bronze Star Medal (BSM) with two oak leaf clusters.

3. The applicant states that he believes that his DD Form 214 is incorrect because it does not reflect the award of the CIB and two oak leaf clusters for the BSM.

4. The applicant’s military records show that he enlisted in the Regular Army on 19 July 1967 for a period of 3 years. He enlisted for the United States Army Airborne Enlistment Option. Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 11B2P, Light Weapons Infantryman, and was assigned to Fort Bragg, North Carolina, for his first permanent duty station.

5. On 9 February 1968, the applicant was assigned to Headquarters and Headquarters Company (HHC), 1^st Battalion (Airborne) 505^th Infantry Regiment. The applicant transferred with his unit to the Republic of Vietnam and served there from 14 February 1968 to 20 February 1970. He served with the 505^th Infantry Regiment from 14 February 1968 to 23 February 1969.

6. On 24 February 1969, the applicant was assigned to HHC, 3^rd Brigade, 82^nd Airborne Division and served with them until 4 September 1969.

7. On 5 September 1969, the applicant was assigned to Company A, 82^nd Support Battalion, 3^rd Brigade, 82^nd Airborne Division and served with them until 17 November 1969 when he was transferred to Company D, 2^nd Battalion, 18^th Infantry Regiment, 1^st Infantry Division, where he served until he departed for the United States.

8. Two separate special orders were issued awarding the applicant the CIB. Special Order Number 35, Headquarters, 3^rd Brigade, 82^nd Airborne Division, dated 13 April 1968, awarded him the CIB, as did Special Orders Number 190 (same headquarters), dated 23 September 1968.

9. On 21 February 1970, at Oakland Army Base, Oakland, California, the applicant was released from active duty under the provision of chapter 5, Army Regulation 635-200 by reason of overseas returnee and transferred to the USAR Control Group (Reinforcement). He was credited with 2 years, 7 months, and 3 days of creditable military service. His DD Form 214 reflects the following awards: National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Bronze Star Medal.

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 units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969 by Department of the Army General Order Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 12 March 1968 to 4 October 1968 by Department of the Army General Order Number 48, dated 1971.

11. Army Regulation 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 GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

12. 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 Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, 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 whole months for credit toward the overseas service bar.

13. Army Regulation 600-8-22 (Military Awards), in pertinent part, 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. The Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned (Company A, 82^nd Support Battalion) was cited for award of the MUC for the period 1 March – 15 November 1969 by Department of the Army General Order Number 39, dated 1970.

14. Army Regulation 600-8-22 (Military Awards), 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. During the applicant’s assignment in Vietnam, he participated in five campaigns, TET Counteroffensive (68), Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Vietnam TET Counteroffensive (69). The silver service star (SSS) is worn in lieu of five bronze service stars.

CONCLUSIONS:

1. The applicant’s DD Form 214 fails to list some of his awards and decorations. He is entitled to the CIB, GCMDL for the period from 19 July 1967 through 21 February 1970, MUC, four OSB, one SSS for his Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

2. The evidence of record does not support the award of two additional BSM.

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

RECOMMENDATION:

1. 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, CIB, GCMDL, MUC, four OSB, and one SSS for his Vietnam Service Medal.

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

BOARD VOTE:

__AAO__ __RWA__ __KYF __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063135
SUFFIX
RECON
DATE BOARDED	20020404
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19700221
DISCHARGE AUTHORITY	AR 635-200, chapter 5
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	107.0014
2.	107.0111
3.
4.
5.
6.