PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2001064542


         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. Joseph A. Adraince		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Melvin h. Meyer		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 separation document (DD Form 214) be corrected to show his rank as E-5; and that he be awarded the Bronze Star Medal (BSM) and Presidential Unit Citation (PUC).

3. The applicant states, in effect, that the BSM and PUC were awarded to all members of his unit at the end of 1969, and that he was an E-5 at the time the BSM was awarded to all members of his unit who held the rank of E-5 or above.

4. The applicant’s military records show that on 12 July 1967, he was inducted into the Army of the United States for 2 years. He continuously served on active until 4 April 1969, at which time he honorably separated after completing a total of 1 year, 9 months, and 1 day of active military service.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms, in item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN), from
4 April 1968 through 3 April 1969. It also shows that he served with Headquarters and Headquarters Battery (HHB), 2^nd Battalion, 19^th Artillery, and participated in three campaigns during his tour in the RVN.

6. Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 also confirms that on 17 November 1968, he was promoted to specialist four/E-4
(SP4/E-4), and that this was the highest rank he attained and held while serving on active duty. It further indicates that on 31 December 1968, he was reduced to private first class/E-3 (PFC/E-3) due to his own misconduct. This item gives no indication that he was ever promoted to or held the pay grade of E-5 during his active duty tenure. Item 43 (Awards and Decorations) further shows that during his active duty tenure, he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with
60 Device, and 2 Overseas Bars.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate that he was ever promoted to a rank above SP4/E-4 during his active duty tenure. However, the MPRJ does contain a copy of a record of nonjudicial punishment (NJP-DA Form 2627-1), dated
31 December 1968, which confirms that he accepted NJP on that date for being disrespectful in language toward a superior noncommissioned officer. His punishment for this offense was a reduction from SP4/E-4 to PFC/E-3.

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8. The DD Form 214 issued to and authenticated by the applicant with his signature on 4 April 1969, confirms that he held the rank of PFC/E-3 and was serving in military occupational specialty (MOS) 94B (Cook) on the date of his separation. It also indicates that during his active duty tenure, he earned the NDSM, VSM, Vietnam Campaign Medal, Expert Marksmanship Badge
(M-16 Rifle), Marksman Marksmanship Badge (M-14 Rifle), and 2 Overseas Bars.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph
1-14 states, in pertinent part, that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. Paragraph 2-13 contains guidance on awarding the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

10. Paragraph 3-13 contains guidance on awarding the BSM. It states, in pertinent part, that the BSM is awarded to soldiers who distinguished themselves by heroic or meritorious achievement or service. The required gallantry, while of a lesser degree that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. Paragraph 3-18 provides the rules for processing the DA Form 638 (Award Recommendation), which is required to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations.

11. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. It further verifies that although his unit earned the PUC for a period in 1965, it did not receive one while he was assigned.

CONCLUSIONS:

1. The Board notes the applicant’s contentions that his pay grade should be corrected to E-5 and that he should be awarded the BSM and PUC. However, the evidence of record confirms that the highest rank he held during his tenure on active duty was SP4/E-4 and that he was reduced to PFC/E-3 as a result of his own misconduct. Therefore, the Board concludes that there is no merit in the applicant’s request that his pay grade be changed to E-5.
2. Although the Board wishes to congratulate the applicant on his combat service in the RVN, his qualification record and MPRJ is void of any reference to his ever having been recommended for the BSM or awarded it by the proper authority. Therefore, the Board finds insufficient evidence to grant this relief.

3. The evidence of record clearly shows that the applicant’s unit did not earn the PUC during his tenure of assignment. Therefore, the Board finds no basis for granting this requested relief. However, his unit did earn the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned and the record shows that he participated in three campaigns during his tour in the RVN. Thus, the Board concludes it would be appropriate to add these awards to his record and to show he is authorized 3 bronze service stars with his VSM.

4. 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 showing that the individual concerned earned the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Badge (M-16 Rifle), Marksman Marksmanship Badge (M-14 Rifle), and 2 Overseas Bars; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__GDP__ __TAP__ __MHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___George D. Paxson___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064542
SUFFIX
RECON
DATE BOARDED	2002/02/21
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/04/04
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 310	131.0000
2. 46	107.0000
3.
4.
5.
6.