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ARMY | BCMR | CY2001 | 2001066177C070421
Original file (2001066177C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001066177


         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. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway 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 request, in effect, that his military records be corrected to show award of the Air Medal (AM).

3. The applicant states, in effect, that he was awarded the AM but it is not included in the list of awards recorded in his separation document (DD Form 214). In support of his application, he submits a copy of the orders that awarded him the AM and a copy of his DD Form 214.

4. The applicant’s military records show that on 8 November 1967, he was inducted into the Army of the United States and entered active duty for a period of 2 years. He successfully completed training and was awarded military occupational specialty 11B (Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that, he served in the Republic of Vietnam (RVN), from 7 June 1968 to 3 June 1969. He was assigned to B Company, 1st Battalion, 26th Infantry Regiment, and performed duties in MOS 11B as an infantryman. The record also shows that during his tenure in the RVN, he participated in 4 campaigns and was wounded in action and awarded the Purple Heart (PH). His other awards include the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCAM) with
60 Device, and National Defense Service Medal (NDSM).

6. On 7 November 1969, the applicant was honorably released from active duty (REFRAD) in the rank and pay grade of corporal/E-4. The awards listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Medals Awarded or Authorized) of his DD Form 214 include the NDSM, VSM, RVNCAM, PH, 3 Overseas Bars, and Marksman Marksmanship Badge (Rifle).

7. On 14 January 1983, a correction to his DD Form 214 (DD Form 215) was published by the United States Army Reserve Personnel and Administration Center (ARPERCEN), St. Louis, Missouri. This document added the following awards to Item 24 of the applicant’s DD Form 214: Army Commendation Medal (ARCOM); Army Good Conduct Medal (AGCM); and the Combat Infantryman Badge (CIB).

8. The applicant provided a copy of General Orders Number 4216, dated 21 May 1969, issued by Headquarters, 1st Infantry Division, RVN. This document confirms that, he was awarded the AM for meritorious achievement while participating in aerial flight, for the period 2 July through 30 September 1968, while assigned to B Company, 1st Battalion, 26th Infantry Regiment, RVN.


9. Army Regulation 600-8-22 (Military Awards) contains the policy for the Army’s awards program. Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This publication confirms that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in the RVN.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the AM was erroneously left out of the awards listed in his separation document and it finds this claim has merit.

2. The evidence of record confirms that the applicant was awarded the AM for his meritorious achievement while participating in aerial flight between 2 July and 30 September 1969, while he was assigned to B Company, 1st Battalion,
26th Infantry Regiment, RVN. This award was authorized in General Orders Number 4216, dated 21 May 1969, issued by Headquarters, 1st Infantry Division, RVN. Therefore, the Board concludes it would be appropriate to add this award to the applicant’s separation document at this time.

3. The evidence of record also confirms that based on his unit in the RVN, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and that based on his campaign participation, he is entitled to 4 bronze service stars with his VSM. Thus, the Board finds it would be appropriate to add these awards to his record at this time.

4. 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 be corrected by showing that the individual concerned earned the Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Medal First Class Unit Citation, and 4 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE
:

__WTM__ __CLG__ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Walter T Morrison___
                  CHAIRPERSON



INDEX

CASE ID AR2001066177
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/02
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. 107.000
2.
3.
4.
5.
6.



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