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ARMY | BCMR | CY2002 | 2002070218C070402
Original file (2002070218C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002070218


         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:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry, Jr. Member
Ms. Gail J. Wire 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 31 July 1971 be amended to correct his service number and to add the Purple Heart, the Army Commendation Medal (ARCOM), and the second tour award for Vietnam.

3. The applicant states he provides a copy of his DD Form 214, Purple Heart award notice, award for Korea with correct service number, and ARCOM notice as supporting evidence but only the DD Form 214 was provided. He states he could not find the notice of a second tour for Vietnam but the Board can look it up.

4. The applicant’s military records show that he enlisted in the Regular Army on 21 May 1951 under the service number RA__ ___ 905. He had continuous active service until he retired.

5. The applicant served in Korea with Company E, 65th Infantry Regiment from 27 December 1951 – 27 January 1953 as an infantry squad leader and departed after being credited with three campaigns. His Enlisted Qualification Record, DA Form 20, item 40 shows that he received shrapnel wounds to the head and back in 1951. There is no evidence of record to support this entry. There are, however, casualty documents showing he received shrapnel wounds to the head, right deltoid, and right scapular areas on 13 July 1952. General Orders 48, Mobile Army Surgical Hospital dated 15 July 1952 awarded him the Purple Heart.

6. The applicant’s DA Form 20 shows that he was assigned to Vietnam and served with Company B, 1st Battalion, 14th Infantry from 16 January – 19 July 1966 as an infantry squad leader and with the Table of Distribution Augmentation Unit to the 4th Transportation Command from 20 July 1966 to on or about 3 January 1967 when he departed after being credited with two campaigns.

7. The applicant received a letter of reprimand dated 13 July 1967 because his family quarters were rated unsatisfactory during an exterior inspection.

8. The applicant retired on 1 August 1971. His DD Form 214 for the period ending 31 July 1971, item 2 erroneously shows his service number as RA__ ___ 915. Item 24 shows his awards and decorations as the National Defense Service Medal, two awards of the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, four awards of the Army Good Conduct Medal (for the periods ending 20 May 1954, 20 May 1957, 16 November 1962, and 15 November 1965, respectively), and four overseas bars. His DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service.

9. There is no evidence of record to show the applicant was awarded the ARCOM. A search of records at the U. S. Total Army Personnel Command also failed to find ARCOM orders on the applicant.

10. Army Regulation 600-8-22 provides Army policy and criteria concerning individual military decorations. It states that the National Defense Service Medal is awarded for honorable active service for any of four periods including between 27 June 1950 and 27 July 1954, both dates inclusive, and between 1 January 1961 and 24 August 1974, both dates inclusive. A bronze service star will be worn to signify receipt of a second or subsequent award. The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. One bronze service star is worn on the appropriate service medal to denote each credited campaign.

11. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

12. Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 14th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 – 1 August 1967.

13. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.


CONCLUSIONS:

1. The evidence of record shows that the applicant’s service number was RA__ ___ 905 and not RA__ ___ 915 as erroneously shown on his DD Form 214 for the period ending 31 July 1971.

2. The evidence of record shows the applicant was awarded the Purple Heart.

3. The evidence of record shows the applicant is authorized to wear one bronze service star on the National Defense Service Medal. He is authorized the Korean Service Medal with three bronze service stars and the United Nations Service Medal for his service in Korea. He is authorized to wear two bronze service stars on the Vietnam Service Medal. He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear this unit award.

4. There is no evidence of record to show the applicant was awarded the ARCOM. Since he did not pinpoint the time frame he believes he was awarded this medal, it was not feasible to review unit files at the National Archives in College Park, MD to search for evidence of this award to him.

5. It cannot be determined what the applicant means when he states he did not receive a second tour award for Vietnam. The evidence of record shows he served only one 12-month tour in Vietnam.

6. The evidence of record shows the applicant was awarded four Army Good Conduct Medals during his service. However, his conduct and efficiency had always been rated as excellent. The only record of disciplinary action in his records is one letter of reprimand. It appears the applicant should have been awarded six awards of the Army Good Conduct Medal. His first two awards reflect the correct time periods. The periods shown on his third and fourth awards are “off.” It appears he should have been awarded the third award of the Army Good Conduct Medal for the period 21 May 1957 – 20 May 1960; the fourth award for the period 21 May 1960 – 20 May 1963; the fifth award for the period 21 May 1963 – 20 May 1966; and the sixth award for the period 21 May 1966 – 20 May 1969.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by revoking the orders awarding the applicant the third and fourth awards of the Army Good Conduct Medal and awarding him the third award of the Army Good Conduct Medal for the period 21 May 1957 – 20 May 1960; the fourth award for the period 21 May 1960 – 20 May 1963; the fifth award for the period 21 May 1963 – 20 May 1966; and the sixth award for the period 21 May 1966 – 20 May 1969.

2. That the applicant’s DD Form 214 for the period ending 31 July 1971:

a. item 2 be amended to show his service number as RA __ ___ 905; and

b. item 24 be amended to show he was awarded the Purple Heart, two awards of the Combat Infantryman Badge, the National Defense Service Medal with one bronze service star, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, six awards of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four overseas bars.

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

BOARD VOTE:

___JLP__ __HOF__ __GJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater ___
                  CHAIRPERSON




INDEX

CASE ID AR2002070218
SUFFIX
RECON
DATE BOARDED 2002/07/23
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 100.03
2. 110.04
3.
4.
5.
6.



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