PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 October 2002
         DOCKET NUMBER: A2002073256


         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. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		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, in effect, that his military records be corrected to show all awards and decorations to which he is entitled; and that the Social Security Account Number (SSAN) listed his separation document (DD Form 214) be corrected.

3. The applicant states, in effect, that the last digit of the SSAN listed in
Item 3 (Social Security Number) of his DD Form 214, dated 24 December 1969, is incorrect. He also states that his DD Form 214 does not list the following awards that he earned during his active duty tenure: Army Good Conduct Medal (AGCM); Army Commendation Medal (ARCOM); and Combat Medical Badge (CMB). In support of his application, he submits a copy of his SSAN card and a copy of his DD Form 214, dated 24 December 1969.

4. The applicant’s military records show that he entered the Army on
18 December 1964 and was honorably discharged on 17 May 1966 for the purpose of immediate reenlistment. On 18 May 1966, he immediately reenlisted for 4 years and continuously served on active duty until being honorably separated on 24 December 1969.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was trained and served in military occupational specialty (MOS) 92B (Medical Laboratory Specialist) and that the highest rank he attained while serving on active duty was staff sergeant/E-6 (SSG/E-6). It also confirms that he served in the Republic of Vietnam (RVN), from 23 April 1968 through 21 December 1969, in the following units for the periods indicated: Company D, 4^th Medical Battalion, 4^th Infantry Division, 6 May 1968 to 16 June 1969; 36^th Evacuation Hospital,
17 June 1969 to 17 November 1969; and the 345^th Medical Detachment,
18 November 1969 to 20 December 1969. The record further verifies that he was assigned and performed duties in MOS 92B as a Medical Lab Specialist in all of these units.

6. The DA Form 20 also shows that during his active duty tenure, the applicant earned the following awards: National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device. It also indicates that he was awarded the CMB by General Orders (GO) Number 495, dated 13 February 1969, issued by Headquarters, 4^th Infantry Division. However, a review of the unit historical files of the Headquarters, 4^th Infantry Division located at the National Archives, College Park, Maryland, reveals that General Orders Number 485, dated 13 February 1969, awarded the Silver Star for gallantry to a soldier other than the applicant who was assigned to Company D, 4^th Engineer Battalion, 4^th Infantry Division, and that no other awards were authorized by GO Number 465.

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7. The applicant’s MPRJ also contained copies of GO Number 415, dated
9 February 1969, issued by Headquarters, 4^th Infantry Division, which awarded him the AGCM; and GO Number 485, dated 13 February 1969, issued by Headquarters, 4^th Infantry Division, which awarded him the ARCOM.

8. The DD Form 214 dated 24 December 1969, issued to the applicant on the date of his separation from the Army lists a SSAN in Item 3 (Social Security Number) which shows the ninth digit as a “0”. However, the applicant provides a SSAN card that confirms that the ninth digit of his SSAN is in fact a “9”, and this digit is consistent with the ninth digit listed in orders and other documents prepared and published on him throughout his tenure on active duty.

9. Army Regulation 600-8-22 (Military Awards) provides, special provisions for award of the CMB during the Vietnam conflict. These provisions permitted award of the CMB to soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of U.S. Army infantry unit of brigade or smaller size, including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat. The special provisions required that the soldier must have been personally present and under hostile fire while assigned as specified.

10. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. In addition, in lieu of five bronze service stars, a silver service star is authorized to denote participation in five campaigns.

11. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. This document confirms that based on the applicant’s service in the RVN from 23 April 1968 through 21 December 1969 he was credited with participation in the following six campaigns during his tenure in the RVN: Vietnam Counteroffensive Phase lV; Counteroffensive Phase V; Counteroffensive Phase Vl; Tet 69 Counteroffensive,1969; Vietnam Summer-Fall 1969; and Vietnam Winter Spring 1970.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the following awards during his tenure of assignment in the RVN: Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that his DD Form 214 dated
14 December 1969, incorrectly shows the ninth digit of his SSAN and does not reflect all awards and decorations to which he is entitled, and it finds these claims have merit. However, the Board finds insufficient evidence to support the applicant’s claim of entitlement to the CMB.

2. The evidence of record confirms that the ninth digit of the applicant’s SSAN was incorrectly entered as a “0” instead of a “9” in Item 3 (Social Security Number) of his 24 December 1969 DD Form 214. Therefore, the Board concludes that it would be appropriate to correct this entry at this time.

3. The evidence of record also confirms that the applicant earned and was awarded the ARCOM and the AGCM. In addition, he was credited with participating in six campaigns in the RVN, which entitles him to 1 silver service star and 1 bronze service star with his Vietnam Service Medal. The record further shows that he is entitled to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which his unit earned during his assignment tenure in the RVN. Thus, the Board finds that it would be appropriate to correct his record to reflect his entitlement to these awards.

4. However, the Board finds that there is insufficient evidence to support awarding the applicant the CMB. Although the applicant’s record indicates that he was awarded the CMB by GO Number 465, dated 13 February 1969, issued by Headquarters, 4^th Infantry Division, a review of the historical files of the
4^th Infantry Division reveals that this particular GO Number 465 was in fact published to award the Silver Star to a soldier other than the applicant who was assigned Company D, 4^th Engineer Battalion, 4^th Infantry Division, and authorized no other awards.

5. In addition, there is no indication in the applicant’s record that he ever met the regulatory criteria necessary to be awarded the CMB by serving in an eligible unit under the required circumstances. Thus, the Board concludes there is an insufficient evidentiary basis to award him the CMB.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by amending the entry contained in Item 3 (Social Security Number) by changing the ninth digit of the SSAN listed from “0” to “9”; by showing he earned the Army Commendation Medal, Army Good Conduct Medal, Meritorious Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star and 1 bronze service star for his Vietnam Service Medal; and providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

__KAK__ __TAP__ __BJL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073256
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/10/29
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0900
2.	107.0000
3.
4.
5.
6.