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ARMY | BCMR | CY2002 | 2002074355C070403
Original file (2002074355C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002074355


         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:

Ms. Joann Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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.


2. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation and an unspecified number of bronze service stars to be shown on his Vietnam Service Medal.

3. The applicant states that he served with the 545th Military Police, 1st Cavalry Division. He states that he served and operated from a "KHE" area and was involved in several combat related details. He was told that he would receive recognition which should have been placed on his DD Form 214. He submits a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 9 August 1965 and completed basic and advanced individual training. He served as a military policeman in Vietnam from 23 December 1965 through 12 December 1966 and was honorably released from active duty on 9 August 1967.

5. The applicant's DD Form 214 does not show the Presidential Unit Citation as an authorized award.

6. Records show the applicant served in Vietnam from 23 December 1965 through 12 December 1966.

7. 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 the applicant's unit, the 545th Military Police Company, was cited for award of the Presidential Unit Citation for actions during the period 23 October 1965 to 26 November 1965.

8. There is no evidence of record which shows the applicant's unit was cited for award of the Presidential Unit Citation during the time he was assigned to the 545th Military Police Company in Vietnam.

9. The applicant's discharge document shows the Vietnam Service Medal as an authorized award.

10. The applicant's DA Form 20 (Enlisted Qualification Record) shows he received campaign credit for participation in the Vietnam Defensive Campaign and the Vietnam Counteroffensive Campaign.

11. The Board noted that 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 43, dated 1970. This award is not shown on his discharge document.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Presidential Unit Citation. However, evidence of record shows the applicant was not assigned to the 545th Military Police Company during the period the unit was cited for award of the Presidential Unit Citation. Therefore, there is no basis for correcting his records to show award of the Presidential Unit Citation.

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 two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars and correction of his DD Form 214 to show these awards.

3. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 will be amended to show this foreign unit award.

4. 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:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by showing he was awarded the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

JL_____ RTD_____ MVT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON




INDEX

CASE ID AR2002074355
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021017
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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