PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002073876


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

3. The applicant states, in effect, that this medal is not shown on his DD Form 214 because it was awarded after he was separated. He contends that he got out early when President Nixon pulled the troops out of Vietnam. In support of his application, he submits an award certificate for the Bronze Star Medal.

4. The applicant’s military records show that he was inducted on 20 May 1969. He served as a truck driver in Vietnam from 11 October 1969 through
23 November 1970 when he was honorably released from active duty.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.

6. There are no orders for the Bronze Star Medal in the applicant’s service personnel records. However, the applicant provided an award certificate, dated
4 December 1970, which shows he was awarded the Bronze Star Medal for meritorious achievement in Vietnam from October 1969 to December 1970.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. The applicant participated in four campaigns during his assignment in Vietnam (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII).

8. The Board notes that the applicant is eligible for two Overseas Service Bars which are not shown on his discharge document.

9. 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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 September 1968 to 28 February 1970 by Department of the Army General Orders Number 24, dated 1972. This award is not shown on his discharge document.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his discharge document.

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. United States Army Vietnam Regulation 672-1 also specified that the approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Total Army Personnel Command show that authority for award of the Bronze Star Medal for meritorious service or meritorious achievement had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

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.

14. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, 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 and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Bronze Star Medal to the applicant. However, the applicant has provided an award certificate which is authenticated by a colonel in command of the U.S. Army Support Command, Saigon, and shows the applicant was awarded the Bronze Star Medal on 4 December 1970, 11 days after his separation from the Army. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Bronze Star Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

3. Based on the applicant’s 13-month assignment in Vietnam, he is entitled to award of two Overseas Service Bars. Therefore, it would be appropriate to correct his DD Form 214 at this time to show these awards.

4. The applicant’s unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, two Overseas Service Bars, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

FNE____ BJE_____ WDB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073876
SUFFIX
RECON
DATE BOARDED	20020910
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0000
3.
4.
5.
6.