PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002066434


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device, the Air Medal (Second Oak Leaf Cluster), the Army Commendation Medal (Second Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Good Conduct Medal, and the Vietnam Service Medal with two bronze service stars. In addition, the applicant made handwritten notes in item 30 (Remarks) of his DD Form 214 indicating that his blood group should be corrected to show "A-" instead of "A+".

3. The applicant states, in effect, that his records should be amended to show these corrections. In support of his application, he submits a copy of his
DD Form 214; a list of awards as displayed on his dress uniform; orders and certificates awarding him the Combat Infantryman Badge, the Bronze Star Medal with “V” Device, the Army Commendation Medal (Second Oak Leaf Cluster), and the Purple Heart.

4. The applicant’s military records show that he was inducted in the Army on 16 September 1969 and completed infantry training. He served in Vietnam from 15 March 1970 through 19 April 1971 and was honorably released from active duty on 20 April 1971 in the rank of sergeant.

5. The applicant’s DD Form 214 shows entitlement to the Bronze Star Medal with "V" Device. Records show he was awarded the Bronze Star Medal with "V" Device for actions on 12 April 1970 based on 25th Infantry Division General Orders Number 6595, dated 13 June 1970.

6. The applicant’s personnel records show that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service during the period March 1970 to March 1971 based on Headquarters, II Field Force General Orders Number 954, dated 25 March 1971.

7. The applicant’s DD Form 214 does not show any awards of the Air Medal. There are no orders in his personnel records which show he was awarded the basic Air Medal. There is also no evidence available to the Board which shows he was recommended for award of the Air Medal or that he met the qualifications for award of the Air Medal.

8. The applicant’s DD Form 214 shows the Army Commendation Medal (Second Oak Leaf Cluster) as an authorized award. Therefore, the Army Commendation Medal (Second Oak Leaf Cluster) will not be discussed further in these proceedings.

9. 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 document shows that, at the time of the applicant’s assignment to the 2nd Battalion, 22nd Infantry, 25th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973. However, this document does not show that this unit was cited for award of the Presidential Unit Citation, the Valorous Unit Award, or the Meritorious Unit Commendation.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

11. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Winter-Spring 1970 Campaign and the DA Sanctuary Counteroffensive Campaign in item 39 (Campaigns). Table 1 of Army Regulation 600-8-22 (Military Awards) shows the applicant is also entitled to credit for participation in the Vietnam Counteroffensive Phase VII Campaign during his tour in Vietnam.

12. The applicant’s DD Form 214 shows his blood group as "A+" in item 30. His Report of Medical Examination (Standard Form 88), dated 20 April 1971, shows his blood type as "A+". His Immunization Record (Standard Form 601) does not indicate his blood type. There is no evidence of record which shows his blood group as "A-".

13. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time in question directs that the service member’s "blood group" from the immunization record or the DA Form 20 (Enlisted Qualification Record) will be entered in item 30 (Remarks) of the DD Form 214.

CONCLUSIONS:

1. The Board noted the applicant’s request for correction of his records to show award of the Bronze Star Medal with "V" Device; however, his DD Form 214 already shows the Bronze Star Medal with "V" Device as an authorized award. Therefore, there is no basis for amending his records to show this award.

2. Orders show the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service for the period March 1970 to March 1971; therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for the basic award of the Air Medal. Therefore, there is no basis for correcting his records to show the Air Medal (Second Oak Leaf Cluster).

4. While the applicant was assigned to the 2nd Battalion of the 22nd Infantry in Vietnam, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this award.

5. There is no evidence of record which shows the applicant’s unit in Vietnam was cited for award of the Presidential Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation. Therefore, there is no basis for correcting his records to show these awards.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 16 September 1969 through 20 April 1971 ending with termination of a period of Federal military service. Therefore, his DD Form 214 will be amended to show the first award of the Good Conduct Medal.

7. The Board noted the applicant’s request for award of two bronze service stars to be affixed to his Vietnam Service Medal. His Enlisted Qualification Record shows he received credit for participation in two campaigns during his assignment in Vietnam. Table-1 of the Military Awards regulation shows he is also entitled to credit for a third campaign. Therefore, in accordance with the governing regulation, the applicant is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

8. The applicant’s DD Form 214 and medical examination shows his blood type as "A+". There is no evidence available to the Board which shows his blood type as "A-". Therefore, there is no basis for amending his DD Form 214 to show his blood type as "A-."

9. 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 entries "BRONZE STAR MEDAL W/V DEV" and the "VIETNAM SERVICE MEDAL" from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal, and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:

MHM____ KAN ___ DPH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002066434
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020514
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.