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Decision Text

ARMY | BCMR | CY2001 | 2001065895C070421
Original file (2001065895C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 April 2002
         DOCKET NUMBER: AR2001065895


         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. 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.


2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Vietnam Campaign Medal, the Vietnam Service Medal and any other awards or decorations to which he may be entitled.

3. The applicant states that he proudly served in Vietnam for approximately
2 ½ months in the latter part of 1965. He contends that his service in Vietnam is shown in items 12 (Last Duty Assignment and Major Command) and 24 (Foreign and/or Sea Service) on his DD Form 214.

4. The applicant’s military records show that he was inducted on 20 January 1964. He served as a radio tele-typewriter operator and was honorably released on 29 January 1966 and transferred to the U.S. Army Reserve.

5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 shows the entry, “NONE.”

6. Item 12 (Last Duty Assignment and Major Command) on the applicant’s DD Form 214 indicates that his last duty assignment and major command was in Vietnam. His DD Form 214 also shows that he served 2 months and 13 days in Vietnam in item 24c (Foreign and/or Sea Service).

7. The applicant’s service personnel records contain a Standard Form 502 (Clinical Record), dated 27 January 1966, which states, in pertinent part, “after his return from Vietnam.” and “While in Vietnam”.

8. There is no evidence in the applicant’s service personnel records which shows his inclusive dates of service in Vietnam.

9. 69th Signal Battalion (Army) General Orders Number 45, dated
29 December 1965, show the applicant was awarded the first award of the Good Conduct Medal for the period 20 January 1964 to 19 January 1966. This award is not shown on his discharge document.

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS
:

1. Although the applicant contends that he is entitled to award of the Vietnam Campaign Medal, qualifying service for this medal included assignment in Vietnam for 6 months or more or award for less than 6 months of service if medically evacuated for wounds resulting from hostile action. The applicant’s DD Form 214 shows that he served 2 months and 13 days in Vietnam. There is no evidence he was evacuated as a result of wounds sustained in combat. Therefore, the Board determined that there is insufficient evidence on which to base award of the Vietnam Campaign Medal in this case.

2. The applicant’s contention that he is entitled to award of the Vietnam Service Medal is supported by the evidence of record. His DD Form 214 shows that his foreign service and last duty assignment and major command was in Vietnam. Also, medical evidence of record confirms the applicant’s assignment in Vietnam. Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Vietnam Service Medal in this case.

3. The applicant received the first award of the Good Conduct Medal for the period 20 January 1964 to 19 January 1966. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

4. The applicant is entitled to award of the National Defense Service Medal for his honorable service from 20 January 1964 through 29 January 1966. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5. 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 by showing that the individual concerned was awarded the Vietnam Service Medal, the first award of the Good Conduct Medal and the National Defense 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




INDEX

CASE ID AR2001065895
SUFFIX
RECON
DATE BOARDED 20020404
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0073
2. 107.0056
3. 107.0069
4.
5.
6.


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