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ARMY | BCMR | CY2002 | 2002067162C070402
Original file (2002067162C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2002067162


         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. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Mr. Thomas Lanyi 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 he be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Campaign Medal with
60 Device. He also, requests, that his separation document (DD Form 214) be corrected to show his blood type.

3. The applicant states, in effect, that his tour of duty in Thailand entitles him to award of the VSM and the RVN Campaign Medal with 60 Device. Also, his
DD Form 214 should reflect his blood type. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that on 12 September 1969, he entered the Army for 3 years. His was trained and served in military occupational specialty (MOS) 55B (Ammunition Storage and Operations Specialist) and the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4). It also confirms that he was assigned to Thailand and served with the 599th Ordinance Company, as an ammunition records clerk, from 21 February 1970 to 8 February 1971. In addition, his medical record contains a copy of his Immunization Record (Standard Form 601), which confirms that his blood type is A positive.

5. On 15 March 1972, the applicant was honorably released from active duty after completing a total of 2 years, 6 months, and 4 days of active military service. On the date of his separation, he was issued a DD Form 214 that he authenticated with his signature. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists only the National Defense Service Medal and the Marksman Marksmanship Badge (Rifle). This list of awards in Item 24 does not include the VSM or the RVN Campaign Medal with 60 Device.

6. On 9 December 2000, a correction to the applicant’s DD Form 214 (DD Form 215) was published by The Adjutant General of the Army, which corrected Item 24 of his DD Form 214 by adding a Letter of Commendation, the National Defense Service Medal, and the Army Good Conduct Medal.

7. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-1 (DD Form 214 Preparation Instructions), in effect at the time, stated that the blood group from the soldier’s Immunization Record (Standard Form 601) would be entered in item 30 (Remarks).


8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-13 contains guidance on awarding the VSM. It states, in pertinent part, that members attached or assigned to units in Thailand, Laos, and/or Cambodia, serving in direct support of operations in Vietnam were also eligible for this award.

9. Paragraph 9-19 contains guidance on awarding the Republic of Vietnam Campaign Medal (RVNCM). It states, in pertinent part, that service for 6 months in Vietnam or outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces is a qualifying period for this award. Further, that individuals who had qualified for award of the Vietnam Service Medal are entitled to award of the RVNCM with 60 Device.

CONCLUSIONS:

1. The Board finds the applicant’s contention that his record should be corrected to show he earned the VSM, the RVNCM with 60 Device, and that his blood type should be added to his separation document has merit.

2. The evidence of record confirms that the applicant’s service in Thailand from 21 February 1970 to 8 February 1971 entitled him to receive the VSM and the RVNCM with 60 Device. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.

3. The applicant’s Standard Form 601 confirms his blood type as A positive and the Board finds it would appropriate to add this information to Item 30 (Remarks) of his DD Form 214 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 for the individual concerned be corrected by showing he is entitled to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 60 Device; and by adding the entry “Blood Type-A+” to Item 30 of his DD Form 214; and by issuing him a corrected separation document that reflects these changes.

BOARD VOTE:

__FNE__ ___LE___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn___
                  CHAIRPERSON



INDEX

CASE ID AR2002067162
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/03/28
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. 110.00
2.
3.
4.
5.
6.



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