PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002075033


         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. Melvin H. Meyer		Chairperson
Mr. Eric N. Andersen		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.

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2. The applicant requests correction of item 30 (Remarks) on his DD Form 214 (Report of Transfer or Discharge) to show his correct dates of service in Vietnam. He also requests award of the Army Commendation Medal and the Armed Forces Expeditionary Medal for his service in Korea.

3. The applicant states, in effect, that he served in Korea for a year and a half before going to Vietnam for over a year. He also contends that his discharge document does not show any unit awards or citations. In support of his application, he submits a copy of his DD Form 214; a citation for the Army Commendation Medal; and an Honorable Discharge Certificate, dated
1 February 1974.

4. The applicant’s military records show that he enlisted on 20 February 1968 for a period of 4 years. He served as a communication electronic repairman in Korea and in Vietnam. The applicant was honorably released from active duty on 25 September 1971.

5. Item 30 (Remarks) on the applicant’s DD Form 214 shows he served in Vietnam from 17 September 1971 to 24 September 1971. His DD Form 214 does not show the Army Commendation Medal or the Armed Forces Expeditionary Medal as authorized awards.

6. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 24 September 1970 through 17 September 1971.

7. There are no orders for the Army Commendation Medal in the applicant’s service personnel records. However, the applicant provided a citation for award of the Army Commendation Medal for meritorious service during the period September 1970 to September 1971 in Vietnam.

8. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Korea from 12 January 1969 through 1 May 1970.

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 July 1969 to 31 December 1970 by Department of the Army General Orders Number 43, dated 1972. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 January 1971 to 30 June 1971 by Department of the Army General Orders Number 32, dated 1973. These awards are not show 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 52, dated 1971. This award is not shown on his discharge document.

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

12. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious 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 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for
30 days, be engaged in direct support of the operation for 30 consecutive or
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 and show that the Armed Forces Expeditionary Medal was awarded for service in Korea from 1 October 1966 to 30 June 1974.

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.

CONCLUSIONS:

1. The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 24 September 1970 through 17 September 1971.

2. Item 30 (Remarks) on the applicant’s DD Form 214 incorrectly shows that he served in Vietnam from 17 September 1971 to 24 September 1971. Therefore, it would be appropriate to correct item 30 (Remarks) on his DD Form 214 at this time.
3. There are no orders available to the Board which authorize award of the Army Commendation Medal to the applicant. However, the applicant provided a citation for award of the Army Commendation Medal for meritorious service during the period September 1970 to September 1971 in Vietnam. Upon review, the Board determined that this citation is sufficient as a basis for award of the Army Commendation Medal in this case. Therefore, the applicant’s DD Form 214 should be corrected to show this medal.

4. The applicant served in Korea from 12 January 1969 through 1 May 1970.
Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show award of the Armed Forces Expeditionary Medal for his service in Korea.

5. The applicant’s unit was cited for two awards 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 unit awards.

6. 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.

7. 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 entry, “REPUBLIC OF VIETNAM: 17SEP71-24SEP71” in item 30 (Remarks) on the DD Form 214 of the individual concerned;

         b. by adding the entry, “REPUBLIC OF VIETNAM: 24SEP70-17SEP 71”;

         c. by deleting the entry, “VIETNAM SERVICE MEDAL” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214;

         d. by adding the entries, “Army Commendation Medal”, “Armed Forces Expeditionary Medal”, “Meritorious Unit Commendation (2 awards)”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Vietnam Service Medal with two bronze service stars” in item 24 on his DD Form 214.

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

BOARD VOTE:

MHM___ ENA____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075033
SUFFIX
RECON
DATE BOARDED	20021105
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0020
3.	107.0072
4.	107.0000
5.
6.