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ARMY | BCMR | CY2001 | 2001064156C070421
Original file (2001064156C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001064156


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Elzey J. Arledge Member
Ms. Regan K. Smith 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.


2. The applicant requests correction of item 22c (Foreign and or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) to show that he served one year in Vietnam.

3. The applicant states, in effect, that his discharge document does not show that he served in Vietnam from August 1968 to August 1969. In support of his application, he submits an award certificate for the Army Commendation Medal for meritorious service in Vietnam during the period August 1968 to August 1969.

4. The applicant’s military records show that he was inducted on 14 November 1967. He served as a personnel specialist in Vietnam from 31 August 1968 through 7 June 1969 and was honorably released on 29 August 1969.

5. Item 22c (Foreign and or Sea Service) on the applicant’s DD Form 214 shows the entries, “0” under Years, Months and Days.

6. The applicant provided an award certificate for the Army Commendation Medal in support of his claim. This certificate shows that the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam during the period August 1968 to August 1969. However, item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 31 August 1968 through 7 June 1969, a total of
9 months and 8 days. The applicant’s service personnel records also contain orders, dated 19 June 1969, which show that his date of estimated return from overseas was 7 June 1969.

7. Americal Division General Orders Number 6595, dated 17 July 1969, show the applicant was awarded the Army Commendation Medal. This award is not shown on his discharge document.

8. 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.

9. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.




CONCLUSIONS:

1. The Board considered the applicant’s contention that he served in Vietnam from August 1968 to August 1969. The Board also considered the award certificate which shows the applicant was awarded the Army Commendation Medal for meritorious service during the period August 1968 to August 1969. However, the applicant’s Enlisted Qualification Record shows that he served in Vietnam from 31 August 1968 through 7 June 1969, a total of 9 months and
8 days.

2. Based on the applicant’s service in Vietnam, and in accordance with the governing regulation, the applicant is entitled to correction of item 22c (Foreign and or Sea Service) on his DD Form 214 to show that he served 9 months and
8 days of foreign service. Also, item 30 (Remarks) on the DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.

3. The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

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 entry, “0” under Months and the entry, “0” under Days in item 22c (Foreign and or Sea Service) on the DD Form 214 of the individual concerned;

         b. by adding the entry, “9” under Months and the entry, “8” under Days in item 22c on the DD Form 214;

         c. by adding the entry, “Army Commendation Medal” in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214; and

         d. by adding the entry, “VIETNAM SERVICE: 680831-690607” in item
30 (Remarks) on the DD Form 214.





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

BOARD VOTE:

RVO___ EJA____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor
                  CHAIRPERSON




INDEX

CASE ID AR2001064156
SUFFIX
RECON
DATE BOARDED 20020131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0000
2. 107.0020
3.
4.
5.
6.


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