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ARMY | BCMR | CY2002 | 2002067828C070402
Original file (2002067828C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2002067828


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. John T. Meixell Member
Mr. Thomas E. O’Shaughnessy, Jr. 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 Report of Transfer or Discharge, DD Form 214, for the period ending 22 October 1970 be amended to add the Combat Infantryman Badge (CIB), the Air Medal (AM), the Parachutist Badge, and the Bronze Star Medal (BSM). On 6 May 2002, he amended his request to include amending his DD Form 214 for this period to correct his social security number.

3. The applicant states that he learned of the missing information when he joined the Vietnam Veterans of America, Inc. He provides his BSM General Orders, his AM citation, his DD Form 214 for the period ending 22 October 1970, and an extract from his Enlisted Qualification Record, DA Form 20, as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 17 January 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He completed basic airborne training. His DA Form 20 shows he was awarded the Parachutist Badge on Special Orders 157, Headquarters, TSR (acronym unknown) dated 26 June 1968.

5. The applicant arrived in Vietnam and was assigned to Company C, 2d Battalion, 2d Infantry, 1st Infantry Division on 15 August 1968 as a rifleman. Special Orders 254, Headquarters, 1st Infantry Division dated 10 September 1968 awarded him the CIB.

6. On 15 March 1969, the applicant was honorably discharged for the purpose of immediately reenlisting on 16 March 1969. His DD Form 214 for the period ending 15 March 1969 shows he was awarded the CIB and the Parachutist Badge in addition to several service medals.

7. The applicant was reassigned to the 191st Aviation Company on 27 March 1969. General Orders 6429, Headquarters, 1st Infantry Division dated 5 July 1969 awarded him the BSM with “V” device for action on 29 November 1968. His DA Form 20 shows he was awarded the AM on General Orders 5038, 1st Aviation Brigade dated 6 October 1969. He departed Vietnam on or about 22 March 1970. He was discharged on temporary records on 22 October 1970. His DD Form 214, item 24 for the period ending 22 October 1970 shows that he was awarded only the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. Item 3 contains a typographical error in his social security number (SSN) (last four should be 8378, not 8878). Item 17c erroneously shows he entered active duty that period on 17 January 1968 with corresponding errors in items 22a(1), 22a(2) and 22b (statement of service).

8. Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 2d Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 – 7 April 1970. The 191st Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 – 1 October 1970.

9. On 6 May 2002, the applicant indicated that his SSN had always been ___-__-8378 and desired his DD Form 214 for the period ending 22 October 1970 to correct his SSN. He provided a copy of his SSN card as evidence. He did not indicate that he desired corrections to items 17c, 22a(1), 22a(2) and 22b.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded the CIB, the BSM with “V” device, the Parachutist Badge, and the AM. He was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized these unit awards, also. All these awards should be added to his DD Form 214 for the period ending 22 October 1970.

2. Presumably because he was separated on temporary records, the applicant’s SSN on his DD Form 214 for the period ending 22 October 1970 contains a typographical error and should be corrected to read ___-__-8378. It appears that his being separated on temporary records also resulted in an incorrect date of entry onto active duty being entered on this DD Form 214 with corresponding errors in items 22a(1), 22a(2), and 22b; however, the applicant did not request correction of these erroneous entries.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214 for the period ending 22 October 1970 be corrected:

a. in item 24 by showing he was awarded the Bronze Star Medal with “V” device, the Air Medal, the Combat Infantryman Badge, the Parachutist Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and


b. in item 3 by showing his SSN as ___-__-8378;

BOARD VOTE:

_SK___ ___JTM__ __TEO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Stanley Kelley _
                  CHAIRPERSON




INDEX

CASE ID AR2002067828
SUFFIX
RECON
DATE BOARDED 2002/06/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2. 100.00
3.
4.
5.
6.



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