PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002073839


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Elzey J. Arledge		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 or the Silver Star.

3. The applicant states that he received the "Bronze Star and or the Silver Star," but these awards are not listed on his discharge document. He states that he received these awards for retrieving ammunition from the enemy. The applicant did not submit any documents in support of his application.

4. The applicant’s military records show that he enlisted on 3 September 1968 for a period of two years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 76A (supply clerk). He served in Vietnam from 9 April 1969 through 25 August 1969 and was released from active duty on 9 September 1970 on temporary records.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Bronze Star Medal or the Silver Star as authorized awards.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal or the Silver Star. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal or the Silver Star. His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal or the Silver Star in item 41 (Awards and Decorations). The applicant did not provide a copy of orders or award certificates in support of his claim for these awards.

7. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his discharge document.

8. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in two campaigns of the Vietnam War.

9. The applicant's DA Form 20 shows he served in Vietnam from 9 April 1969 through 25 August 1969 (a period of 4 months and 17 days). Item 38 (Record of Assignments) on his DA Form 20 shows he was evacuated from Vietnam on 12 August 1969 and transferred to the U.S. Army Hospital in Japan. Item 41 shows the entry "RVNCM w/60dev." There is no evidence that his discharge document was amended to show the Republic of Vietnam Campaign Medal with Device (1960).

10. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11. 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 226th Supply and Service Company, the unit was cited for award of the Meritorious Unit Commendation for actions during the period 25 July 1969 to 31 March 1970 by Department of the Army General Orders Number 52, dated 1974.

12. 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.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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.

15. 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.



CONCLUSIONS:

1. The Board considered the applicant's contention that he received the Bronze Star Medal or the Silver Star because he retrieved ammunition from the enemy.

2. The Board carefully reviewed the applicant's service personnel records. However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal or the Silver Star. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal or the Silver Star in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

4. The applicant's Enlisted Qualification Record shows he was authorized award of the Republic of Vietnam Campaign Medal with Device (1960). However, his DD Form 214 does not properly reflect this award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Therefore, it would be appropriate to amend the applicant's DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960).

5. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show these awards.

6. 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:

a. by deleting the Vietnam Service Medal from item 24 of the individual concerned DD Form 214; and

b. by showing he was awarded the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

EJA_____ TBR____ KAH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Elzey J. Arledge______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073839
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	Y20020917
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.00000
2.
3.
4.
5.
6.