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ARMY | BCMR | CY2002 | 2002069745C070402
Original file (2002069745C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002069745


         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. Hubert S. Shaw, 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.

2. The applicant requests correction of his records to show award of the Meritorious Unit Commendation and bronze service stars to be worn on his Vietnam Service Medal.

3. The applicant states that the awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) are not complete. He states that he served in the Headquarters and Headquarters Company of the 35th Engineer Battalion as a fuel truck driver.

4. The applicant’s military records show that he was inducted on 2 December 1966 and completed training as a vehicle driver. He served in Vietnam from 14 April 1968 through 17 November 1968. The applicant was honorably separated from active duty on 21 November 1968.

5. The applicant’s DD Form 214 does not show award of the Meritorious Unit Commendation or award of bronze service stars to be worn on his Vietnam Service Medal.

6. Army Regulation 600-8-22 (Military Awards) states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations. This regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and unit awards, among which is the Meritorious Unit Commendation.

7. 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 that, at the time of the applicant’s assignment to the 35th Engineer Battalion, the unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 October 1967 through 31 August 1968 based on Department of the Army General Orders Number 51, dated 1971.


8. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 35th Engineer Battalion, the unit was cited for a second award of the Meritorious Unit Commendation for actions during the period 1 September 1968 through 31 December 1969 by Department of the Army General Orders Number 51, dated 1971.

9. The Board also noted that the applicant was entitled to foreign unit awards which are not shown on his DD Form 214.

10. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 35th Engineer Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

11. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 35th Engineer Battalion, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number
2, dated 1971.

12. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, 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. This regulation shows that the applicant participated in three campaigns during his service in Vietnam: Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; and Vietnam Counteroffensive Phase VI.

CONCLUSIONS :

1. General Orders show that the applicant is entitled to two awards of the Meritorious Unit Commendation, correctly known as the Meritorious Unit Commendation (First Oak Leaf Cluster). Therefore, he is entitled to correction of his records to show awards of this unit citation.

2. General Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

3. Review of Appendix B of Army Regulation 600-8-22 shows that the applicant served in three campaigns during his service in Vietnam; therefore, he is entitled to award of three bronze service stars to be worn on his Vietnam Service Medal and correction of his records to show the Vietnam Service Medal with three bronze service stars.

4. 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 the individual concerned was awarded the Meritorious Unit Commendation (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars.

BOARD VOTE :

__FNEW__ __LEM__ __TSK__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mr. Fred N. Eichorn____
                  CHAIRPERSON



INDEX

CASE ID AR2002069745
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 MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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