PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002071446

         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		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.

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2. The applicant requests correction of his records to show award of the Bronze Star Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, his service in Vietnam, and, in effect, any other medals or decorations to which he is entitled.

3. The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not correctly show all of the awards and decorations to which he is entitled and does not correctly show his service in Vietnam.

4. The applicant’s military records show that he served on active duty from 20 February 1970 through 13 February 1973. Upon separation from active duty, the applicant served in the Army Reserve and the Army National Guard. He was honorably discharged from the Army National Guard of the United States on 31 October 1996 and transferred to the Retired Reserve.

5. The applicant’s records contain a DD Form 214 with an effective date of 13 February 1973 which covers his active duty including his service in Vietnam. This DD Form 214 shows only award of the National Defense Service Medal and the Sharpshooter Marksmanship Badge with Rifle Bar in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). His discharge documents does not show the dates of his service in Vietnam.

6. Orders in the applicant’s service personnel records and his DA Form 20 (Enlisted Qualification Record) show that he served in Vietnam as an imagery interpreter in the 4th Infantry Division and then in the 635th Military Intelligence Detachment attached to the 23d Infantry Division during the period 13 September 1970 through 12 September 1971.

7. The applicant provided a copy of an award certificate for the Bronze Star Medal. This award certificate is for meritorious service from 1 October 1970 to 31 March 1971. The award certificate is not signed by the major general in command of the 23d Infantry Division at that time. The applicant’s records do not contain General Orders for award of the Bronze Star Medal to the applicant or a recommendation for award of the Bronze Star Medal to him.

8. The applicant’s record contain 4th Infantry Division General Orders Number 5674, dated 9 November 1970 which awarded him the Army Commendation Medal for meritorious achievement from 16 October 1970 to 8 November 1970.

9. The applicant’s records contain United States Army Europe and Seventh Army General Orders 349, dated 5 February 1973, which awarded the applicant the first award of the Good Conduct Medal for the period 20 February 1970 through 19 February 1973.
10. Review of the applicant’s records reveal that he was eligible for award the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13. 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. Review of Appendix B reveals that the applicant participated in the following campaigns: Vietnam Counteroffensive Phase VII and Vietnam Consolidation I.

14. 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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15. 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 635th Military Intelligence Company, 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.

16. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time in question directs that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Bronze Star Medal.

2. The applicant’s service personnel records contain no General Orders which support award of the Bronze Star Medal to him. His records also do not contain a recommendation for award of the Bronze Star Medal.

3. The Board noted that the applicant did not provide a copy of the General Orders which he would have been presented at the time he received award of the Bronze Star Medal and the award certificate. Furthermore, the award certificate which he provided is not signed by the Commanding General of the 23d Infantry Division at the time in question.

4. In the absence of evidence of record which is properly authenticated and/or General Orders which show the applicant was awarded the Bronze Star Medal, there is insufficient evidence upon which to based award of the Bronze Star Medal in this case at this time.

5. Orders show the applicant was awarded the Army Commendation Medal and the Good Conduct Medal; therefore, he is entitled to correction of his records to show these decorations.

6. Based on the applicant service in Vietnam, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

7. Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

8. The applicant served in Vietnam from 13 September 1970 through 12 September 1971. Based on the regulation governing preparation of the applicant’s discharge document, he is entitled to correction of item 30 (Remarks) of his DD Form 214 to show the following entry: “INDOCHINA-YES; KOREA-NO; SERVICE IN VIETNAM: 13 SEPTEMBER 1970-13 SEPTEMBER 1971.”

9. 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:

         a. showing the individual concerned was awarded the Army Commendation Medal, the first award of the Good Conduct Medal for the period 20 February 1970 through 19 February 1973, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

         b. showing, in item 30 (Remarks) of his DD Form 214, the entry: “INDOCHINA-YES; KOREA-NO; SERVICE IN VIETNAM: 13 SEPTEMBER 1970-13 SEPTEMBER 1971.”

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

BOARD VOTE:

_GJW___ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071446
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020723
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.