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ARMY | BCMR | CY2002 | 2002075196C070403
Original file (2002075196C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002075196


         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 V. O’Connor Chairperson
Ms. Karen A. Heinz Member
Ms. Barbara J. Ellis 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, in effect, entitlement to an unspecified medal for his actions in 1970 or 1971 in Vietnam.

3. The applicant states, in effect, that in 1970 or 1971 he was involved in a combat “event” in Vietnam which entitled him to a medal. He contends that he never heard anything about it until he talked to someone in Chicago. He also contends that this event is on record but his name is not listed. In support of his application, he submits a letter of explanation, dated 29 May 2002.

4. The applicant’s military records show that he enlisted on 11 February 1970 for a period of 3 years. He served as a truck master in Vietnam from 15 February 1971 through 25 November 1971. On 26 November 1971, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-212, for unsuitability.

5. The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars and the Vietnam Campaign Medal with 1960 Device as authorized awards.

6. There are no orders for any individual decorations in the applicant’s service personnel records.

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 the unit, to which the applicant was assigned, the 120th Transportation Company, was not cited for any unit awards while he was assigned to it.

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 8, dated 1974.

9. Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

CONCLUSIONS:

1. The Board noted the applicant’s contention that in 1970 or 1971 he was involved in a combat “event” in Vietnam which entitled him to a medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

2. Evidence of record shows the applicant arrived in Vietnam on 15 February 1971.

3. There is no evidence of record which shows the applicant was awarded an individual decoration or an unit award for his service in Vietnam. Therefore, there is no basis for granting the applicant’s request for award of an unspecified medal.

4. The applicant’s unit was cited for 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 this unit citation.

5. 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 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:

RVO___ KAH_____ BJE____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2002075196
SUFFIX
RECON
DATE BOARDED 20021024
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.000
2.
3.
4.
5.
6.


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