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ARMY | BCMR | CY2002 | 2002074990C070403
Original file (2002074990C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002074990


         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. Raymond J. Wagner Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell 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 award of the Combat Action Ribbon.

3. The applicant states, in effect, that he just found out that combat soldiers of the “Mobile Riverine Raiders” were eligible for award of the Combat Action Ribbon. In support of his application, he submits a document titled “Combat Action Ribbon (Army & Navy) and a copy of his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that he enlisted in the Regular Army on 3 February 1965 for a period of 3 years. He served as an infantry direct fire crewman in Vietnam from 3 February 1966 through 26 January 1968 and was honorably released from active duty on 27 January 1968. The applicant received the first award of the Combat Infantryman Badge.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Action Ribbon as an authorized award.

6. There are no orders in the applicant’s service personnel records which show he was awarded the Combat Action Ribbon. There is also no evidence available to the Board which shows he served in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he served in three campaigns during his assignment in Vietnam.

8. 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 31, dated 1969. This award is not shown on his discharge document.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969. This award is not shown on his discharge document.

10. Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969. It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat. The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).

11. Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps or the U.S. Coast Guard.

12. 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. Evidence of record shows the applicant received the first award of the Combat Infantryman Badge while serving in the Army.

2. The governing regulation states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps or the U.S. Coast Guard.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that following his service in the Army he served in the U.S. Navy, the U.S. Marine Corps or the U.S. Coast Guard. Therefore, the Board determined that there is no evidence on which to base award of the Combat Action Ribbon in this case.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his military records to show these unit citations.

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 by showing that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

RJW___ RWA____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner____
                  CHAIRPERSON




INDEX

CASE ID AR2002074990
SUFFIX
RECON
DATE BOARDED 20021010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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