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ARMY | BCMR | CY2002 | 2002070526C070402
Original file (2002070526C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002070526


         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. William Blakely 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, in effect, that he be awarded the bronze service stars authorized for his Vietnam Service Medal (VSM) and a Presidential Unit Citation (PUC).

3. The applicant states, in effect, that he served in the Army twice, and while serving in the Republic of Vietnam (RVN), members of his unit were told they would receive a PUC. He also indicates that he would like his separation document (DD Form 214) corrected to include the bronze service stars he is authorized for his VSM and his PUC.

4. The applicant’s military records show that he continuously served on active duty in the Army for two enlistments totaling 7 years, 3 months, and 18 days, from 20 December 1962 through 7 April 1970, at which time he was honorably discharged. He was trained in and served in military occupational specialty (MOS) 36D (Antennaman) and the highest grade he attained while serving on active duty was specialist four/E-4 (SP4/E-4).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 19 July 1966 to 11 July 1967, and that he was assigned to the United States Army Strategic Communication Command (USASTRATCOM) Facility. The records confirm that during his tenure in the RVN, the applicant participated in two campaigns, and that he earned the following awards during his active duty tenure: VSM; RVN Campaign Medal with 60 Device; National Defense Service Medal; Army Good Conduct Medal; and Meritorious Unit Citation (MUC).

6. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-13 contains guidance on the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.

7. Paragraph 7-13 of the awards regulation contains guidance on awarding the PUC and states, in pertinent part, that the PUC (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.


8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for unit awards during the Vietnam Conflict. It confirms that the applicant’s unit, USASTRATCOM, Facility, earned the MUC, for the period November 1964 through May 1965, and this award was authorized in Department of the Army General Order (DAGO) Number 42, issued in 1965.

9. Paragraph 1-8 contains guidance on campaign participation credit. It confirms that during his tenure in the RVN, the applicant participated in the following two campaigns for the periods indicated: Vietnam Counteroffensive, Phase II, 1 July 1966 through 31 May 1967; and Vietnam Counteroffensive, Phase III, 1 June 1967 through 29 January 1968.

10. DAGO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units between 8 February 1962 and 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to bronze service stars with his VSM and it finds this claim has merit. However, it finds insufficient evidence to support the applicant’s claim of entitlement to the PUC.

2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during his assignment tenure, the applicant’s unit earned only the MUC, and did not earn a PUC. The Board notes that the MUC is appropriately listed in the list of awards included in the applicant’s DD Form 214. Therefore, it finds no evidentiary basis for adding the PUC to the applicant’s record.

3. The evidence of record does show that the applicant’s service in the RVN and his participation in two campaigns entitles him to 2 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would be appropriate to add these awards to his records at this time.

4. 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 showing that the individual concerned earned 2 bronze service stars for his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected 7 April 1970 separation document that includes these awards.

2. 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 AR2002070526
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/07/23
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0031
3.
4.
5.
6.



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