PROCEEDINGS


         IN THE CASE OF:



         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002068919


         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. Antoinette Farley		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Elzey J. Arledge		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.

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2. The applicant requests, in effect, award of additional medals and/or ribbons that his unit received, while serving in the Republic of Vietnam (RVN) in 1969.

3. The applicant states, in essence, that he should have been awarded two Presidential Unit Citations (PUC), the Meritorious Unit Commendation (MUC), the Valorous Unit Award and the Vietnam Presidential Unit Citation. He also requests award of the “U.S. Army Recondo Badge” and the “Southeast Asian Campaign Medals” that are not authorized.

4. The applicant’s military records show that on 11 September 1968, he enlisted in the Regular Army for a period of 2 years. He completed basic training and advanced individual training in military occupational specialty (MOS)
11C10 (Infantryman Indirect Fire Crewman). On 4 February 1969, he was transferred to the RVN and assigned to Company B, 5^th Battalion, 46^th Infantry, 198th Infantry Brigade, for duty. On 10 December 1969, he returned to the United States and was assigned to Fort Carson, Colorado where he served in his MOS.

5. His unit apparently participated in four campaigns in the RVN, the Counteroffensive Phase VI from 2 November 1968 thru 22 February 1969; the TET 69 Counteroffensive 1969 from 23 February thru 8 June 1969; the Vietnam Summer-Fall 1969 from 9 June thru 31 October 1969 and the Vietnam Winter- Spring 1970 from 1 November 1969 thru 30 April 1970.

6. On 10 September 1970, the applicant was honorably separated at the expiration of his term of service under the provisions of Army Regulation 635-200. He was credited with a total of 2 years of active service and no lost time. The highest pay grade he attained was (E-3). He was then transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) for completion of his service obligation until 10 September 1974.

7. The applicant's DD Form 214 (Report of Transfer or Discharge), Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), issued at the time of separation shows that he received, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with bronze service star and the Combat Infantryman Badge, the RVN Campaign Medal with “1960” device. It does not show that he was authorized award of the PUC, the MUC, the Valorous Unit Award, the Vietnam Presidential Unit Citation or the U.S. Army Recondo Badge.

8. Block 25 (Education and Training Completed) shows the following entries Recondo Course, Fort Carson, ATP 21-114, Code of Conduct, CBR Training, Geneva Convention, Survival Escape and Evasion and Benefits of Honorable Discharge.

9. A DD Form 215, (Correction of DD Form 214) dated 25 June 1997, shows the applicant was awarded the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Qualification Badge with Rifle and Automatic Rifle Bars, the Expert Badge with Pistol, Grenade and Machine Gun Bars.

10. 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 not cited for award of the PUC, the award of the MUC, the Valorous Unit Award or the Vietnam Presidential Unit Citation.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

12. Paragraph 7-15a(1) of that same regulation states that the MUC (previously known as the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in the continental United States are excluded from this award, as well as other units outside the area of operation.

13. Army Regulation 600-8-22 states, in pertinent part, that the Vietnam Presidential Unit Citation has only been awarded to all personnel assigned to the Military Advisory Group, Indochina, during August and September 1954.

14. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

15. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or
60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), 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.

17. Recondo, Raider and Jungle Warfare Training Courses are conducted by brigade and division level units throughout the Army as local training courses in combat skills. The badges awarded upon completion of these courses are awarded in accordance with local policies governing these training courses. These badges are not governed by the Department of the Army awards regulation and, as a result, they are not annotated on the DD Form 214.

18. This publication also shows that the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was assigned to a unit that was cited for award of the PUC, the MUC, the Valorous Unit Award or the Vietnam Presidential Unit Citation. Therefore, he is not entitled to correction of his DD Form 214 to show these awards.

2. However, the applicant is entitled to three additional BSS’s for wear on his Vietnam Service Medal to show he participated in four campaigns.

3. If the applicant has not received any of the awards shown on his DD Form 215, dated 25 June 1997, he can request them by submitting a request in writing to the following address: National Personnel Records Center, ATTN: Army Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100. The applicant should provide a copy of his discharge documents with the request.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.


RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing on his DD Form 214, dated 11 September 1970
Item 24, four BSS’s for wear on his Vietnam Service Medal.

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

BOARD VOTE:

___JNS _ __EJA___ ___TL __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone______
                                             CHAIRPERSON

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INDEX

CASE ID	AR2002068919
SUFFIX
RECON
DATE BOARDED	20020625
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	MODIFY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.