PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002067437


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Lana E. McGlynn		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.

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2. The applicant requests, in effect, that the ARCOM he was awarded upon retirement be changed to a Meritorious Service Medal (MSM).

3. The applicant states, in effect, that he was told he would receive the MSM as a retirement award. He was confident that this was accurate as the MSM was listed on the DD Form 214 that he signed just prior to separation. However, some time later, he received the ARCOM medal and certificate. He believes that racism was behind the switching of the awards and that he should have receive the MSM. He believes that he had an extraordinary career that included three tours in Vietnam, which justifies award of the MSM.

4. A staff member of the Board contacted the applicant for clarification of his request and statement. The information received is reflected above.

5. In support of his request, he submits a statement that includes a detailed description of the duty positions he has held during his 20 years of service, copies of DD Forms 214, Report of Transfer or Discharge, a DA Form 20, Enlisted Qualification Record, an article from the US Army Air Defense Command, Information Section concerning his career, and a copy of the citation for the ARCOM with Third Oak Leaf Cluster he received at retirement.

6. The applicant’s military records show that he entered the Regular Army on 31 March 1952. His records reflect that he served overseas in Germany from 10 November 1952 through 13 March 1954, in France from 14 August 1959 through 19 October 1962, in Vietnam from 6 September 1965 through 8 September 1966 and 5 December 1966 through 26 November 1967, in Germany once again from 2 September 1969 through 18 September 1970, and again in Vietnam from 31 October 1970 through 16 July 1971. During his 20 years of service between 1952 and 1972, he served in various significant data processing positions to include: Machine Operator Specialist, Chief Programmer, and Chief, Programming Branch. In all of these positions, except one, his conduct and efficiency were rated excellent. In one position, early in his career, his efficiency was rated as good. He also completed the Vietnamese language school and served as a translator/interpreter.

7. A DD Form 214 signed by the applicant reflects that he was retired and transferred to the United States Army Retired Reserve on 30 April 1972, in pay grade E-8, for length of service and received an honorable discharge certificate. He had completed a total of 20 years, 00 months and 04 days of creditable active service and had no lost time.

8. His awards include the MSM (which was to be issued as his retirement award), the Joint Service Commendation Medal, the ARCOM with 3rd Oak Leaf Cluster, the Good Conduct Medal (3^rd Award), the Army of Occupation Medal with Germany clasp, the National Defense Service Medal (NDSM) with one Oak Leaf Cluster, the Vietnam Service Medal with 7 Service Stars, the Vietnam Campaign Medal with 1960 device, the Vietnam Civil Actions Honor Medal 2^nd Class, the Parachutist Badge, and the Expert Badge with carbine bar, and 5 Overseas Bars.

9. A document that appears to be a copy of an article released by the Ent Air Force Base, Information Section, dated 13 June 1969, featured the applicant. It reported that prior to joining the Army, he was raised in the famous Boys Town Orphanage in Nebraska. He was chosen two years in succession for the all-France track team and was the champion in the 400-meter event and the regional champion in the 400 and 200-meter events and the broad jump. The applicant was cited for also being a coach at various military bases and schools. The article noted that he could read French and speak Vietnamese fluently and that on his previous assignment in Vietnam, he volunteered to teach English at the Hoa Xuan War Orphans Home in Saigon.

10. Special Orders Number 196, dated 15 July 1971, awarded the applicant proficiency pay in his primary military occupational specialty 74Z, Data Processing Noncommissioned Officer.

11. An award citation reflects that he was awarded the ARCOM with Third Oak Leaf Cluster as a retirement award. The citation reads: "The applicant has distinguished himself by exceptionally meritorious service from March 1952 through April 1972. The applicant served as a machine accounting specialist at Fort Leonard Wood, Missouri, and later served with the United States Army Signal Agency in France. Upon his return to the United States, the applicant a master sergeant, assumed duties as a computer console operator at White Sands Missile Range, New Mexico. Following a tour in Vietnam, he attended the Defense Language Institute for a course in the Vietnamese language and was subsequently returned to Vietnam as an interpreter. After completion of his second tour in Vietnam, the applicant was assigned to Ent Air Force Base, Colorado as chief programmer and systems analyst. Having performed outstandingly in this capacity, he was reassigned to Germany for duty with Headquarters, United States Army European Command, and volunteered for Vietnam. After competing his third tour in Vietnam, he was assigned to Fort Campbell, as Noncommissioned Officer in Charge, Administrative Machine Branch, Adjutant General Division, Headquarters, 101^st Airborne Division (Airmobile) and Fort Campbell, Fort Campbell, Kentucky. His outstanding dedication, service, and technical knowledge contributed greatly to the Adjutant General mission. The applicant's meritorious record of service and devotion to duty reflect credit upon himself and the United States Army."

12. The applicant contends that he was the victim of incompetence on the part of his chain of command, and that racism may have been behind the substitution of the ARCOM for the MSM as a retirement award. However, his record does not show any evidence of substantive inaccuracies that would tend to support his contentions.

13. Army Regulation 600-8-22, Military Awards, provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. The same regulation provides for the award of the:

a. MSM to any member of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.

b. NDSM for honorable active service for any period between 27 June 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. The regulation provides that one bronze service star is authorized to signify a second or subsequent award.

15. The awards regulation also provides that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. A silver star is worn instead of five bronze service stars.

16. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, provides that all units that were subordinate to Headquarters, United States Military Assistance Command between 8 February 1962 and 28 March 1973, are entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

CONCLUSIONS:

1. The evidence of record reflects that the applicant received a certificate and orders for the ARCOM, 3^rd OLC, as a retirement award. He contends, however, that he was told he would receive the MSM as a retirement award, and in fact, an MSM appears on his DD Form 214. A reasonable scenario for this situation is that the applicant was told he would be recommended for the MSM, but that recommendation was later downgraded to an ARCOM. Thereafter, while out-processing, the MSM may have inadvertently been placed on the DD Form 214 in anticipation of it being awarded. Regardless of how it happened, the applicant has not shown that awarding the ARCOM was in error.

2. Nonetheless, after reviewing the applicant's entire military career it can easily be seen that his service warranted award of the MSM as a retirement award rather than the ARCOM. His 20-year of service reflects that he distinguished himself by outstanding rather than just meritorious achievement and service. The Board notes that after entering the service from an orphanage, he served three tours in Vietnam, participated in sports at the Army level and higher, earned 82 semester hours towards a college degree, served as a Vietnamese linguist, and in 1968, became a Chief, Computer Programmer. The tradition of an award given at retirement is to recognize a soldier's entire career. Therefore, in light of the applicant’s stellar career, the Board concludes that as a matter of equity, it would be appropriate to award him the MSM as a retirement award for the period March 1952 through April 1972.

3. Notwithstanding the foregoing, there is no evidence in the available records, and the applicant has submitted no evidence, to demonstrate that he was the victim of racial prejudice.

4. The applicant's DA Form 20 reflects that he was awarded the Expert Badge with carbine bar, and the Army of Occupation Medal with Germany clasp. Since these awards are not reflected on the DD Form 214, it would be appropriate to amend his DD Form 214 to show them.

5. Furthermore, considering his period of service in Vietnam, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6. Finally, the applicant was awarded the Vietnam Service Medal with 7 Service Stars. Correctly, this award should read the Vietnam Service Medal with one Silver and two Bronze Service Stars. He was also awarded the NDSM with 1st Oak Leaf Cluster. Correctly, this award should read the NDSM with one Bronze Service Star. It would be appropriate also to add these awards to his DD Form 214.

7. 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:

a. revoking the 3^rd Oak Leaf Cluster to the ARCOM for the period March 1952 through April 1972 for the individual concerned;
b. issuing orders showing he was awarded the MSM for the period March 1952 through April 1972;

c. showing that he was awarded the Army of Occupation Medal with Germany clasp, the NDSM with one Bronze Service Star, the Republic of Vietnam Service Medal with one Silver and two Bronze Service Stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Parachutist Badge, and the Expert Badge with carbine bar; and

d. issuing the applicant a new DD Form 214 reflecting all of his authorized military awards.

BOARD VOTE:

___fne___ ___lem__ ____tsk_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

__________Fred N. Eichorn____________
CHAIRPERSON

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INDEX

CASE ID	AR2002067437
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020813
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. 107.0017
2.
3.
4.
5.
6.