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Decision Text

ARMY | BCMR | CY2002 | 2002067664C070402
Original file (2002067664C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002067664


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Mr. Harry B. Oberg 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 that his records be corrected to show his service in the Republic of Vietnam (RVN) and all authorized awards for that service.

3. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 April 1973 does not reflect his RVN service or awards. He provides a copy of Special Orders Number 210, 222D Personnel Service Company (RVN), dated 28 July 1972; a DA Form 3647-1 (Clinical Record Cover Sheet) from the US Army Hospital (USAH), Fort Campbell, Kentucky that indicates he was at the USAH, Saigon, RVN undergoing medical treatment from 7 to 12 December 1972 when he was transferred to Fort Campbell; a copy of his DD Form 214, dated 3 April 1972; a copy of his DD Form 214, dated 29 June 1992; and a DD Form 215 (Correction to DD Form 214), dated 30 June 1992.

4. The applicant’s military records were unable to be located. Information herein was obtained from alternate sources.

5. On 25 May 1971, the applicant enlisted in the Army. He completed his required training and was awarded military occupational specialty 64C (Truck Driver). He was advanced to pay grade E-4, effective 27 April 1972.

6. On 28 July 1972, upon assignment to RVN, he was further assigned to RSA MR II (Nha Trang) with a reporting date of 14 August 1972.

7. On 7 December 1972, he was assigned to the USAH, Saigon based on his improper use of drugs and drug abuse, chronic, manifested by heroin use by smoking.

8. On 12 December 1972, he was reassigned to the USAH, Fort Campbell for medical treatment and further assignment to Fort Rucker, Alabama. He had completed 4 months and 15 days in RVN.

9. On 21 December 1972, he was released to duty and reassigned.

10. On 3 April 1973, he was honorably separated and reassigned to the Army National Guard. He had 1 year, 10 months, and 9 days of service creditable for retirement. He was entitled to award of the National Defense Service Medal. He was not credited with any foreign service.

11. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal (VSM). This medal is awarded to all members of the Armed Forces of the United States who served in the RVN or contiguous waters


after 3 July 1965 through 28 March 1973. To qualify for this award an individual must have been attached to or regularly served in a unit for 1 or more days. One bronze service star is authorized for each campaign.

12. 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 the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period he was assigned by Department of the Army General Order Number 8, dated 1974.

CONCLUSIONS:

1. The evidence of record shows the applicant served in RVN for 4 months and 15 days and his records should be corrected accordingly.

2. The evidence of record also shows his entitlement to award of the VSM with one bronze service star (Vietnam Cease-Fire) and the Vietnam Gallantry Cross with Palm Unit Citation.

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 be corrected by showing on the DD Forms 214 issued on 3 April 1973 and on 29 June 1992 that the individual concerned served overseas in RVN for 4 months and 15 days and that he was awarded the VSM with one bronze service star (Vietnam Cease-Fire) and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_fne____ __hbo___ __rwa___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2002067664
SUFFIX
RECON
DATE BOARDED 20020611
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 120
2. 107
3.
4.
5.
6.


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