PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002072114


         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.

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2. The applicant requests that his discharge be upgraded to honorable and his rank and medals be restored.

3. The applicant states that he served three tours in Vietnam and 30 years have passed. He provides no supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 30 January 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam on or about 1 July 1968 and was assigned to the 1^st Battalion, 27^th Infantry, 25^th Infantry Division as a rifleman on 15 July 1968. He was awarded the Combat Infantryman Badge on Special Orders 284, Headquarters, 25^th Infantry Division dated 21 August 1968. On 28 January 1969, he was honorably discharged for the purpose of immediately reenlisting on 29 January 1969. The DD Form 214 for this period of service is not available. On 5 February 1969, he was reassigned to Headquarters and Headquarters Company, 3d Ordnance Battalion, U. S. Army Support Command Saigon. He departed Vietnam on or about 17 February 1970 after being credited with five campaigns.

6. On 29 April 1970, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 8 to on or about 17 April 1970. (This period of AWOL was entered and then deleted from his Enlisted Qualification Record, DA Form 20, item 44 and is not shown on his available Reports of Transfer or Discharge, DD Forms 214 but item 33 of his DA Form 20 shows he was reduced from Sergeant, E-5 to Corporal, E-4 at this time).

7. On 16 October 1970, the applicant was honorably discharged for the purpose of immediately reenlisting on 17 October 1970 for assignment to Vietnam. He returned to Vietnam and on 19 December 1970 was assigned to Company B, 1^st Battalion, 27^th Infantry, 25^th Infantry Division. On 12 March 1971, he was reassigned to the 2d Battalion, 1^st Infantry, 196^th Infantry Brigade.

8. On 26 March 1971, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his place of duty.

9. On 15 April 1971, the applicant was granted 15 days of compassionate leave because his pregnant wife was living with another man (verified by the Red Cross). He did not return upon the completion of his leave. (He had credit for one campaign from this Vietnam tour at the time he departed.)

10. The applicant surrendered to military authorities on 26 October 1971. Charges were preferred against him on 26 October 1971 charging him with AWOL for the period 2 May to on or about 1 October 1971. On 28 October 1971, he requested discharge in lieu of court-martial. The appropriate authority approved his request and directed he be given an Undesirable Discharge. He was discharged on 14 December 1971 after completing a total of 3 years, 5 months, and 16 days of creditable active service and 152 days of lost time during this enlistment. His original DD Form 214 for this period of service is not available. His DA Form 20 shows that his conduct and efficiency ratings up to the time he departed AWOL on 2 May 1971 were rated as excellent.

11. On 7 April 1977, the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge. That action is not available but apparently the ADRB upgraded his discharge to a general discharge under honorable conditions on 23 May 1977. A new DD Form 214 was prepared. That DD Form 214 shows his rank as Corporal, E-4 and that he had been awarded the Vietnam Service Medal with one bronze service star, one overseas service bar, and the Republic of Vietnam Campaign Medal with device 1960.

12. On 15 June 1978, the applicant again applied to the ADRB, apparently under the Special Discharge Review Program (SDRP). On 11 August 1978, the ADRB upgraded his discharge to fully honorable. By letter dated 30 August 1978, the ADRB informed him that a new DD Form 214 would be issued to affirm his SDRP discharge upgrade. That DD Form 214 shows his rank as Corporal, E-4 and that he had been awarded the Vietnam Service Medal with one bronze service star, one overseas service bar, and the Republic of Vietnam Campaign Medal with device 1960. It also shows, in item 19, that he served in Indochina from 8 December 1970 – 1 May 1971 (omitting his initial Vietnam tour).

13. Army Regulation 600-8-22 provides for the award of the National Defense Service Medal for honorable active service for any of four periods, to include the period between 1 January 1961 and 14 August 1974. It provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. One silver service star is worn instead of five bronze service stars.

14. Army Regulation 670-1 prescribes policy for proper wear of U. S. Army uniforms and insignia. In pertinent part it states that one overseas service bar is authorized for each period of 6 months’ active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

15. 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. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

16. Department of the Army Pamphlet 672-3 shows that the 1^st Battalion, 27^th Infantry was awarded the Meritorious Unit Commendation for the period 11 September 1967 – 31 July 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 – 30 September 1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 April 1967 – 21 January 1970.

CONCLUSIONS:

1. The applicant’s discharge was upgraded to fully honorable by the ADRB in 1978 and a new DD Form 214 was issued which reflects this upgrade and reflects his rank and grade as Corporal, E-4.

2. Item 19 of the applicant’s DD Form 214 as prepared in 1978 is incomplete as it omits his service in Vietnam from 1 July 1968 – 17 February 1970.

3. The Combat Infantryman Badge is missing from item 26 of the applicant’s DD Form 214. He is authorized one silver and one bronze service star with the Vietnam Service Medal. He meets the eligibility criteria for award of the National Defense Service Medal. Although an overseas service bar is an item of uniform wear and not an award or decoration and so not authorized for entry on the DD Form 214, as it already appears on his DD Form 214 this item should be amended to show he is authorized four overseas service bars.

4. Other than receiving one Article 15 for a nine-day period of AWOL during his first three years of service, the applicant’s conduct and efficiency were otherwise rated as excellent and he served 19 months in Vietnam during this period. It appears that he met the eligibility criteria for award of the Army Good Conduct Medal for the period 30 January 1968 – 29 January 1971.

5. The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and so is authorized these unit awards, also.

6. 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 awarding the applicant the Army Good Conduct Medal for the period 30 January 1968 – 29 January 1971.

2. That the applicant’s DD Form 214:

a. item 26 be amended to add the Combat Infantryman Badge, the Army Good Conduct Medal, the National Defense Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and to show he is authorized one silver and one bronze service star with the Vietnam Service Medal and 4 overseas bars; and

b. item 19 be amended to add 1 July 1968 – 17 February 1970.

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

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INDEX

CASE ID	AR2002072114
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.	100.00
2.	110.04
3.
4.
5.
6.