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ARMY | BCMR | CY2001 | 2001065946C070421
Original file (2001065946C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001065946


         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. William Blakely Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell 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, in effect, that his military records be corrected to show he was awarded the Presidential Unit Citation (PUC).

3. The applicant states, in effect, that his separation document (DD Form 214) does not include the PUC in the list of authorized awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). In support of his application, he submits an extract of item 38 (Record of Assignments) of his Enlisted Qualification Record (DA Form 20).

4. The applicant’s military records show that on 24 July 1967, he was inducted into the Army for a period of 2 years and that he was trained and served in military occupational specialty (MOS) 95B (Military Policeman).

5. The applicant’s DA Form 20 shows that he served in the Republic of Vietnam (RVN) from 15 December 1967 to 24 February 1969, which included participation in 5 campaigns, and that he was assigned to A Company and 90th MP Detachment, 716th Military Police (MP) Battalion, RVN. Item 41 (Awards and Decorations) shows that he earned the following awards during his tenure on active duty: Army Good Conduct Medal (1st Award); National Defense Service Medal; Vietnam Service Medal, and Republic of Vietnam Campaign Medal with 60 Device.

6. On 25 February 1969, the applicant was honorably released from active duty, in the rank and pay grade of sergeant/E-5 (SGT/E-5), after completing 1 year,
7 months, and 2 days of active military service. The DD Form 214 issued to him upon his separation does not include the PUC in the list of awards in item 24.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit was awarded the PUC and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment tenure.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM) and it states, in pertinent part, that a . a bronze service star is authorized with this award for each campaign a member participated in during his assignment in the RVN.


9. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to award of the PUC and it finds this claim has merit. The evidence of record confirms that the applicant’s unit was awarded the PUC and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure. Therefore, the Board concludes he is entitled to have these awards added to his record.

2. In addition, the Board finds that his service in the RVN and his participation in five campaigns entitles him to 5 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, the Board finds that it would also be appropriate to add these awards to his record at this time.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Presidential Unit Citation, 5 bronze service stars for his Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__JNS __ LDS __ __JTM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ John N. Slone_ _
                  CHAIRPERSON



INDEX

CASE ID AR2001065946
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/21
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. 107.0031
2.
3.
4.
5.
6.



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