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ARMY | BCMR | CY2002 | 2002069472C070402
Original file (2002069472C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 May 2002
         DOCKET NUMBER: AR2002069472


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. John P. Infante Member
Ms. Paula Mokulis 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show unspecified unit citations, the Vietnamese Pathfinder Badge and “U.S. Ranger-Pathfinder Awards.”

3. The applicant states that he was awarded certain awards after leaving Vietnam.

4. The applicant’s military records show that he was inducted on 21 January 1964. He served as a light weapons infantryman in Vietnam and was honorably released on 19 January 1966.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show any unit citations, the Vietnamese Pathfinder Badge or “U.S. Ranger-Pathfinder Awards” as authorized awards.

6. 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 Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders Number 48, dated 1968.

7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

8. Army Regulation 600-8-22 (Military Awards) does not show the Vietnamese Pathfinder Badge as an authorized foreign badge in Appendix D (Foreign Badges).

9. There are no orders for the Ranger Tab or the Pathfinder Badge in the available records. There is also no evidence in the available records which shows the applicant met the qualifications for either badge.

10. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he served in Vietnam from 5 May 1965 through 18 January 1966 and participated in two campaigns (Vietnam Defense Campaign, 8 March 1965 to 24 December 1965; and Vietnam Counteroffensive, 25 December 1965 to 30 June 1966).

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

12. Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Ranger Tab. The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

13. Appendix IX of U.S. Army Vietnam Regulation 672-1 provided, in pertinent part, for the award of the Pathfinder Badge. The regulation authorized award of the Pathfinder Badge upon completion of 90 days of on the job training and permanent wear of the badge after six months of duty in an authorized position requiring a Pathfinder trained person or upon completion of 25 combat missions as a Pathfinder whichever occurs earlier.

14. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.
CONCLUSIONS:

1. The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

2. The Board considered the applicant’s request to show the Vietnamese Pathfinder Badge on his DD Form 214. However, Army Regulation 600-8-22 does not authorize award of the Vietnamese Pathfinder Badge. Therefore, there is no basis for granting the applicant’s request.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for, awarded or met the qualifications for award of the Ranger Tab or the Pathfinder Badge. Therefore, the Board determined that there was insufficient evidence on which to base award of the Ranger Tab or the Pathfinder Badge in this case.
4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 21 January 1964 to 19 January 1966 ending with termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

6. Based on the applicant’s service in Vietnam, he is entitled to correction of his DD Form 214 to show award of the Vietnam Campaign Medal.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal and the Vietnam Campaign Medal.

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

BOARD VOTE:

RVO____ JPI____ PM_______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2002069472
SUFFIX
RECON
DATE BOARDED 20020530
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0034
2. 107.0094
3. 107.0073
4. 107.0056
5. 107.0000
6.


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