PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2001064123


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas E. O'Shaughnessy		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, correction of his records to show all the awards and medals to which he is entitled, and that he is eligible for commissary privileges.

3. The applicant states that his records do not reflect his award of the Air Assault Qualification Badge (officially the Air Assault Badge), his service in three campaigns in Vietnam which include the Counteroffensive Phase VII, Consolidation I and Consolidation II, the arrowhead device to indicate his participation in combat air missions, and that he earned three overseas service bars. He states that in 1971, while assigned to the 101st Airborne Division, in Vietnam, he attended an air-assault qualification school. He provides no explanation as to what correction of record he is requesting in regard to his entitlement to commissary privileges. The applicant indicates that he is currently retired, however his records contain no documentation to support that fact.

4. The applicant’s military records show he was discharged from the Regular Army at the rank of specialist five, on 19 February 1970; he was commissioned in the United States Army Reserve (USAR) in the infantry, on 20 February 1970; and he was honorably relieved from active duty and transferred to the USAR Control Group on 1 November 1971. His DA Form 66 (Officer Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 2 January 1971 through 28 October 1971. His primary unit of assignment in the RVN was Company D, 1^st Battalion, 501^st Infantry, 101^st Airborne Division (Airmobile). He was last ordered to active duty in support of Operation Desert Shield/Desert Storm from 5 January 1991 through 4 May 1991 and released from active duty on 30 May 1991.

5. The applicant’s 30 May 1991, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal, the National Defense Service Medal with 1 oak leaf cluster, the Vietnam Campaign Medal with 60 device, the Vietnam Service Medal, the Air Medal, the Bronze Star Medal, 2 Overseas Service Bars, the Combat Infantryman Badge, the Army Reserve Components Achievement Medal, the Expert Badge with rifle bar, the Sharpshooter Badge with pistol bar, the Armed Forces Reserve Medal and the Meritorious Unit Citation.

6. A DD Form 215 issued on 6 April 1992 corrected the applicant's record to show his award of the Southwest Asia Service Medal with 2 bronze service stars, the Kuwait Liberation Medal and the Army Commendation Medal.

7. A DD Form 215 issued on 4 November 1993 corrected the applicant's records to show his award of the Southwest Asia Service Medal with 3 bronze service stars, the Army Commendation Medal, the Kuwait Liberation Medal and the Georgia Special Operations Ribbon.
8. The applicant’s DD Forms 214 and DA Form 66 do not show he was awarded the Air Assault Badge, the arrowhead device or service in three campaigns while in the RVN.

9. Army Regulation 600-8-22 provides, in pertinent part, that the RVN campaigns occurred as follows: Counter Offense Campaign Phase VII, 1 July 1970 to 30 June 1971, Consolidation I, 1 July – 30 November 1971, and Consolidation II, 1 December 1971 to 29 March 1972. The applicant served in the RVN from 2 January 1971 through 28 October 1971, which indicates he was present for two campaigns.

10. The same regulation provides that since 1974, the Air Assault Badge is awarded after satisfactory completion of a Training and Doctrine Command approved air assault-training course. It may not be awarded retroactively.

11. The same regulation provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.

12. The same regulation provides that the arrowhead denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. A solider must actually exit the aircraft or watercraft, as appropriate, to receive assault credit. Individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is attached or assigned at the time of the assault. Should a unit be denied assault credit, no assault credit will accrue to the individual soldiers of that unit.

13. The same regulation provides that one overseas service bar is authorized for each 6 months of Federal service as a member of a U.S. Service in the Persian Gulf from 17 January 1991 to a date to be determined for Operation Desert Storm. Both the month of arrival in Operation Desert Storm and the month of departure from Operation Desert Storm will count as a whole month. Service in World War II, Korea, Vietnam, The Dominican Republic, Laos, Cambodia, Lebanon, Operation Earnest Will, Grenada, Operation Just Cause, and Operation Desert Storm, (as a member of a U.S. service) of periods less than six months’ duration, which otherwise meets the requirements for the award of overseas service bars, may be combined to determined the total number of overseas service bars authorized.

14. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units, which have been awarded unit citations, battle credit and foreign awards. The register shows that 1^st Battalion, 501^st Infantry was awarded the RVN Gallantry Cross Unit Citation with Palm for the period 1 March to 9 October 1971. The register does not show that the arrowhead device was awarded to the 1^st Battalion, 501^st Infantry.

15. The same pamphlet also shows that at the time of the applicant’s assignment to the 1^st Battalion, 501^st Infantry, it participated in two military campaigns.

16. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA), is authorized for personnel who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

17. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. This database shows that the applicant served in Southwest Asia from 4 January through 4 May 1991.

18. Title 10 Section 1064 provides that a person who would be eligible for retired pay under chapter 1223 of this title but for the fact that person is under 60 years of age shall be authorized to use commissary stores of the Department of Defense for a number of days each calendar year.

19. Army Regulation 635-5 provides, in pertinent part, that a DD Form 214 will be reissued when two DD Forms 215 have been issued and an additional correction is required.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he went through the training in Vietnam, for his Air Assault Badge, in 1971. However, the Air Assault Badge was not authorized until 1974 and the regulation makes no provisions for retroactive awards. Therefore, he is not entitled to correction of his military records to show award of the Air Assault Badge.

2. Evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam, which are not correctly shown on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.

3. The applicable regulation indicates the 1^st Battalion, 501^st Infantry was not awarded the arrowhead device.

4. One overseas service bar is authorized for each period of 6 months served overseas. The regulation allows that service in Vietnam and SWA may be combined. The applicant combined service in Vietnam and SWA is 13 months and 26 days. Therefore his records correctly reflect he has earned two overseas service bars.

5. The applicable regulations show he is also authorized, the RVN Gallantry Cross Unit Citation with Palm and the Kuwait Liberation Medal authorized by the KLM-K and KLM-SA. It would be appropriate therefore to add these awards to his DD Form 214.

6. In regards to the applicant’s request concerning his eligibility for commissary benefits and his statement that his retirement letter is missing, the available record shows that he completed only 11 years of creditable service for Reserve Retirement purposes, and the record contains no evidence that a 20 year Reserve Retirement Letter was ever issued to him. If the applicant has documentation to show that he is entitled to a Reserve Retirement, he should provide such information to the Retirement Points Accounting System, US Army Reserve Personnel Command, St. Louis, Missouri or call Customer Service at 1-800-318-5219, extension 0564, and ask that his retirement points be recalculated or, with new evidence he may petition this Board for further consideration of his case.

7. 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:

         a. showing that the individual concerned was awarded the RVN Service Medal with 2 bronze service stars, the RVN Gallantry Cross Unit Citation with Palm, and the Kuwait Liberation Medal authorized by the KLM-K and the KLM-SA; and

         b. issuing him a new DD Form 214 reflecting all of the awards to which he is now entitled as follows: the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal, the National Defense Service Medal with 1 oak leaf cluster, the RVN Campaign Medal with 1960 device, the RVN Service Medal with 2 bronze service stars, the Air Medal, the Bronze Star Medal, 2 Overseas Service Bars, the Combat Infantryman Badge, the Army Reserve Component Achievement Medal, the Expert Badge with rifle bar, the Sharpshooter Badge with pistol bar, the Armed Forces Reserve Medal, the Meritorious Unit Commendation, the RVN Gallantry Cross Unit Citation with Palm and the Kuwait Liberation Medal (awarded by the KLM-K and the KLM-SA).

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

BOARD VOTE:

___sk___ ___jtm___ ___teo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                             __________Stanley Kelley____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064123
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020606
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0079
2.	107.0094
3.	107.0095
4.	107.0122
5.
6.