PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2001063764


         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
Mr. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Mark D. Manning		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, in effect, that his 27 October 1972 DD Form 214 (Report of Transfer or Discharge) be corrected to show the Bronze Star Medal as an authorized award and that item 20c (Foreign and/or Sea Service be corrected to show 2 years, 6 months.

3. The applicant states that his DD Form 214 does not list the Bronze Star Medal and does not include his first tour in Vietnam. In support of his request he provides a copy of the citation and certificate showing that he was awarded the Bronze Star Medal for meritorious achievement during the period 7 June 1967 to 6 June 1968. The certificate is signed by Major General M____ Z____, Commander, “101^st Air Cavalry Division.” The accompanying citation bears the insignia of the 101^st Airborne Division.

4. The applicant’s military records show that he entered active duty on 28 April 1966, completed training as an airborne artilleryman, qualifies as a Sharpshooter with the M-14 Rifle and served in the Republic of Vietnam (RVN) with B Battery, 3^rd Battalion, 82^nd Artillery, 173^rd Infantry Brigade from 6 November 1966 until 28 May 1967. On 29 May 1967 he joined E Company, 2^nd Battalion, 320^th Artillery, 101^st Airborne Division. He joined the E Company (Provisional) Support Battalion, 1^st Brigade, 101^st Airborne Division for some unspecified time and was transferred to B Battery, 2^nd Battalion, 320^th Airborne Artillery, 101st Airborne Division where he served until 2 June 1968. He was awarded the Army Commendation Medal for meritorious service for the period from 9 November 1966 to 21 September 1967. He returned to the United States on 3 June 1968. His tour of duty in the RVN totaled 1 year 6 months and 26 days.

5. The applicant returned to the United States and was discharged on 27 October 1968 to immediately reenlist for duty in Vietnam. Item 22c of his DD Form 214 lists his foreign service as 1 year and 6 months. His authorized awards were listed as the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Army Commendation Medal.

6. He returned to the RVN on 6 February 1969 with D Battery, 3^rd Battalion, 319^th Artillery, 173rd Airborne Brigade, where he was promoted to sergeant (E-5) on 20 November 1969. He left the RVN on 6 February 1970 having served a total of 1 year and 1 day there.

7. After returning to the United States the applicant was stationed at Fort Bragg, North Carolina. On 23 May 1970 he was awarded the Good Conduct Medal (First Award) for the period 28 April 1966 to 17 April 1969. He qualified as Sharpshooter with the M-16 rifle. Notwithstanding three nonjudicial punishments and a summary court-martial conviction that reduced him down to pay grade E-2 he “soldiered back”, a bar to reenlistment was removed and he was advanced back to pay grade E-4 on 6 June 1972. The applicant was separated with an honorable discharge on 27 October 1972. Item 12c of his DD Form 214 shows 1 year and 1 day of foreign service and lists the same awards as were on his 1968 DD Form 214

8. A search of unit records at the National Archives, College Park, Maryland failed to produce any general orders or other documentation supporting the applicant’s request; however, it was noted that Major General M____ Z____ did, if fact, command the 101^st Airborne Division at that time.

9. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 non-consecutive days.
 
10. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Vietnam Advisory Campaign commencing 15 March 1962 and ending on 7 March 1965; Vietnam Defense Campaign commencing 8 March 1965 and ending 24 December 1965; Vietnam Counteroffensive, ending 30 June 1966; Counteroffensive Phase II, ending 31 May 1967; Counteroffensive Phase III, ending on 29 January 1968; Tet Counteroffensive, ending on 1 April 1968; Counteroffensive IV, ending on 30 June 1968; Counteroffensive V, ending on 1 November 1968; Counter-offensive Phase VI, ending on 22 February 1969; Tet 69 Counteroffensive, ending on 8 June 1969; Vietnam Summer-Fall 1969, ending on 31 October 1969; Vietnam Winter-Spring 1970; ending on 30 April 1970; Sanctuary Counter-offensive 1970 ending on 30 June 1970; Counteroffensive Phase VII, ending on 30 June 1971; Consolidation I, ending on 30 November 1971; and Consolida-
tion II, ending on 29 March 1972 and Vietnam Cease Fire, ending on 28 January 1973. (The applicant participated in the four underlined campaign periods during his first enlistment and in the four italicized periods during his second enlistment.)

11. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that the 2nd Battalion, 320th Artillery was authorized the RVN Civil Actions Honor Medal Unit Citation for the period from 18 March 1968 to 2 May 1970.

12. Department of the Army General Orders 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

13. Army Regulation 600-8-22 provides that no individual is authorized more that one the RVN Civil Actions Honor Medal First Class Unit Citation or RVN Gallantry Cross with Palm Unit Citation.

14. Army Regulation 635-5 sets forth the guidance for the completion of separation documents. At the time in question, item 20c was used to record foreign duty or sea service for the period of service covered by the DD form 214; however all authorized awards, including those received during previous periods of service were to be listed in item 30.

CONCLUSIONS:

1. Considering that the signature on the submitted certificate for the Bronze Star Medal appears to be genuine, the entry “101^st Air Cavalry Division” appears to be a typographical error and the Board concludes that the applicant was, indeed, awarded the Bronze Star Medal for meritorious achievement and it should be shown on his DD Form 214.

2. During his first enlistment the applicant served 1year, 6 months and 24 days in Vietnam. He qualified for the Sharpshooter Qualification Badge with Rifle Bar, participated in four designated campaign periods and was entitled to wear four bronze service stars on the Vietnam Service Medal. His unit of assignment was awarded the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. These details should also be shown on his DD Form 214 for that enlistment.

3. During the applicant’s second enlistment he served 1 year and 1 day in Vietnam. He participated in four more designated campaign periods and is entitled to wear one silver and three bronze service stars on the Vietnam Service Medal. He was also awarded the Good Conduct Medal and the Sharpshooter Qualification Badge with Rifle Bar.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors and rectify injustices.

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RECOMMENDATION:

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

a. served 1 year, 6 months and 26 days in Vietnam during his first enlistment and was authorized the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the RVN Campaign Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Parachutist Badge and the Sharpshooter Qualification Badge with Rifle Bar; and

b. he served 1 year and 1 day in Vietnam during his second enlistment and when he was discharged his authorized awards consisted of the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with one silver and three bronze service stars, the RVN Campaign Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First CLass Unit Citation, the Parachutist Badge, and the Sharpshooter Qualification Badge with Rifle Bar.

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

BOARD VOTE:

__KAK___ __MDM_ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Karol A. Kennedy__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063764
SUFFIX
RECON
DATE BOARDED	20020423
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.