Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002076717C070215
Original file (2002076717C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002076717


         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
Mr. William Blakely 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.


2. The applicant requests, in effect, that this military records be corrected to show that he was awarded the Bronze Star Medal (BSM) with Valor (“V”) Device and the Air Medal (AM); in addition to any other awards to which he is entitled based on his service in the Republic of Vietnam (RVN).

3. The applicant states, in effect, that that his separation document (DD Form 214) does not show that he was awarded the BSM with “V” Device or the AM, and other awards he was entitled to based on his service in the RVN. In support of his application, he submits a copy of his DD Form 214 and a BSM with “V” Device award certificate.

4. The applicant’s military records show that on 25 June 1968, he entered the Army for 2 years. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). He continuously served on active duty for 1 year, 11 months, and 24 days, until being honorably separated on 18 June 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist five/E-5
(SP5). It also confirms that he served in the RVN from 12 April 1969 to
19 August 1969, and that he was assigned to Company A, 3rd Battalion,
39th Infantry Regiment, 9th Infantry Division.

6. The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of Special Orders Number 129, dated 9 May 1969, issued by Headquarters,
9th Infantry Division, RVN, which authorized the award of the Combat Infantryman Badge (CIB) to the applicant. In addition, the MPRJ contains copies of the following General Orders (GO) issued by Headquarters, 9th Infantry Division, RVN, on the dates indicated authoring the awards shown: 8981, dated 7 July 1969, awarding the BSM with “V” Device; and 10397, dated 17 July 1969, awarding the AM.

7. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. Paragraph 2-13 contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.


8. Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that during the applicant‘s tenure of assignment in the RVN, he was credited with participating in two campaigns. The TET 69 Counteroffensive Campaign, which covered the period 23 February through 8 June 1969, and the Vietnam Summer-Fall 1969 Campaign, which covered the period 9 June through 31 October 1969.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his DD Form 214 does not reflect award of the BSM with “V” Device and the AM, and it finds this claim has merit.

2. The evidence of record confirms that orders were published awarding the applicant the CIB, BSM with “V” Device, and the AM. Thus, the Board concludes that it would be appropriate to add these awards to his separation document at this time.

3. In addition, the record verifies that based on his campaign participation and unit service in the RVN, the applicant is entitled to two bronze service stars with his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, the Board also finds that it would be appropriate to correct his record to show his entitlement to these awards.

4. 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 for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal with “V” Device, Air Medal, and Combat Infantryman Badge; by showing he is entitled to two bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:

__MHM__ __ENA __ __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melvin H. Meyer__
                  CHAIRPERSON




INDEX

CASE ID AR2002076717
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/11/05
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY 107.0000
ISSUES 1.
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2011 | 20110019345

    Original file (20110019345.txt) Auto-classification: Approved

    It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970. In this case, the evidence of record clearly shows the applicant was assigned to...

  • ARMY | BCMR | CY2007 | 20070016375C080407

    Original file (20070016375C080407.doc) Auto-classification: Approved

    The applicant states, in effect, he was awarded the BSM, AM and CIB while serving on active duty and these awards were erroneously omitted from the list of awards contained on his separation document. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The applicant's record also shows that based on his RVN service and campaign participation, he is entitled to the RVN...

  • ARMY | BCMR | CY2013 | 20130010457

    Original file (20130010457.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and all military records to include his medical record to show his award of the Silver Star (SS); and any compensation due as a result of this award, if any. The applicant states the SS is not listed in his military record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the...

  • ARMY | BCMR | CY2003 | 2003091140C070212

    Original file (2003091140C070212.rtf) Auto-classification: Approved

    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. Paragraph 2-13 contains guidance on award of the VSM and it states, in pertinent part, that it is awarded to all members who served in the RVN from 3 July 1965 through 28 March 1973, and that a bronze service star is authorized with this award for each campaign a member is credited with participating in while...

  • ARMY | BCMR | CY2014 | 20140002123

    Original file (20140002123.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with "V" Device (5th Award) and multiple awards of the Air Medal (AM). Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. The evidence of record shows the applicant was awarded the ARCOM with "V" Device and ARCOM with first and third oak leaf clusters.

  • ARMY | BCMR | CY2012 | 20120002765

    Original file (20120002765.txt) Auto-classification: Approved

    The DD Form 214 he was issued lists the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal (RVNCM) * ARCOM with “V” Device * Combat Medical Badge * BSM 8. Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 4 April 1968 through 4 January 1970, and to add this award to his record and DD Form 214. As a result,...

  • ARMY | BCMR | CY2004 | 20040000373C070208

    Original file (20040000373C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 January 2005 DOCKET NUMBER: AR20040000373 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. The applicant states, in effect, that due to an administrative oversight, he was never awarded a PH he was entitled to based on being wounded in action on 5 August 1969, while serving in the Republic of Vietnam (RVN)....

  • ARMY | BCMR | CY2007 | 20070015092C080407

    Original file (20070015092C080407.doc) Auto-classification: Approved

    He also provides orders that awarded him the BSM with "V" Device for heroism in action in the RVN on this same date, while serving as a platoon Medic for this same unit. The evidence of record confirms the applicant was awarded the BSM with "V" Device for heroism in connection with the 15 June 1968 action in question, while he was serving as a platoon Medic with Company E, 2nd Battalion, 506th Infantry Regiment. The evidence of record also shows that the applicant received a second award...

  • ARMY | BCMR | CY2003 | 2003085100C070212

    Original file (2003085100C070212.rtf) Auto-classification: Approved

    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. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. That all of the Department of the Army records related to this case be corrected by showing that in addition to those awards already listed on his DD Form...

  • ARMY | BCMR | CY2014 | 20140002530

    Original file (20140002530.txt) Auto-classification: Approved

    A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was recommended for or awarded a second award of the SS. The available evidence does not show the applicant was recommended for or awarded a second award of the SS for actions in the RVN. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.