Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002076985C070215
Original file (2002076985C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002076985


         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
Mr. Arthur A. Omartian Member
Ms. Marla J. Troup 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, correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Panama and Vietnam. He also requests correction of item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show award of the Bronze Star Medal and the Army Commendation Medal.

3. The applicant states that these items are not included on the latest DD Form 214 he received from the National Records Center in St. Louis, Missouri. In support of his application, he submits a copy of his DD Form 214; an award certificate and citation for the Bronze Star Medal; an award certificate and citation for the Army Commendation Medal; reassignment orders to Panama, dated
19 July 1968 and 12 August 1968; and promotion orders, dated 16 October 1968, published in Panama.

4. The applicant’s military records show that he enlisted on 14 March 1968 for a period of 3 years. He served as a general vehicle repairman in Vietnam from
17 February 1970 through 1 January 1971 and was honorably released from active duty on 2 January 1971. The Board notes that the applicant was separated from the service on temporary records and a soldier’s affidavit.

5. Item 22c (Foreign and/or Sea Service) on the applicant’s DD Form 214 shows he served 10 months and 15 days of foreign service in Vietnam.

6. The applicant’s DD Form 214 does not show the Bronze Star Medal or the Army Commendation Medal as authorized awards.

7. In support of his claim to show his dates of service in Panama, the applicant provided copies of reassignment orders to Panama. However, there is no evidence in the applicant’s service personnel records which shows his inclusive dates of service in Panama. The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any service in Panama in item 31 (Foreign Service).

8. Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 17 February 1970 through 16 February 1971. The Board notes that the applicant was released from active duty on 2 January 1971.

9. Item 30 (Remarks) on the applicant’s DD Form 214 shows he served in Vietnam from 17 February 1970 through 1 January 1971, a total of 10 months and 15 days.

10. There are no orders for the Bronze Star Medal in the applicant’s service personnel records. However, the applicant provided an award certificate and citation for the Bronze Star Medal during the period June 1970 to December 1970 in Vietnam.

11. Headquarters 9th Infantry Division General Orders Number 9104, dated
8 July 1969, show the applicant received the Army Commendation Medal for outstanding achievement during the period March 1969 to June 1969 in Vietnam.

12. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

13. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1. The applicant was separated from the service on temporary records and a soldier’s affidavit.

2. The Board noted the applicant’s request to show his dates of service in Panama in item 22c (Foreign and/or Sea Service) on his DD Form 214. However, the applicant’s inclusive dates of service in Panama are not contained in the available service personnel records. As a result, the Board is unable to determine his exact dates of service in Panama. Therefore, there is no basis for granting the applicant’s request.

3. The Board considered the applicant’s request to show his dates of service in Vietnam in item 22c (Foreign and/or Sea Service) on his DD Form 214. However, the orders for the Army Commendation Medal show the applicant served in Vietnam from March 1969 to June 1969, a total of 4 months. Also, item 22c (Foreign and/or Sea Service) on his DD Form 214 shows that he served
10 months and 15 days in Vietnam and item 30 (Remarks) on his DD Form 214 shows he served in Vietnam from 17 February 1970 through 1 January 1971, a total of 10 months and 15 days. As a result, the Board is unable to determine his exact dates of service in Vietnam. Therefore, there is no basis for granting the applicant’s request.

4. The applicant presented an award certificate and citation for award of the Bronze Star Medal. There are no orders which award the Bronze Star Medal to the applicant. However, the Board determined the award certificate and citation were sufficient for award of the Bronze Star Medal in this case.

5. The applicant received the Army Commendation Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

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 Bronze Star Medal and the Army Commendation Medal.

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

BOARD VOTE:

RVO___ AAO____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor__
                  CHAIRPERSON




INDEX

CASE ID AR2002076985
SUFFIX
RECON
DATE BOARDED 20030116
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0000
2. 107.0014
3. 107.0020
4. 107.0000
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100016235

    Original file (20100016235.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 4 June 1971 to show: * He had 2 years, 6 months, and 6 days of Foreign and/or Sea Service * The Army Commendation Medal * Four bronze service stars affixed to his already-awarded Vietnam Service Medal * His service in Vietnam from 14 March 1968 through 24 March 1969 2. Item 30 (Remarks) of his last DD Form 214 shows 14 March 1969 through 24 March 1969 and 26...

  • ARMY | BCMR | CY2003 | 2003091027C070212

    Original file (2003091027C070212.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to reflect seven awards of the Air Medal, his combat citations, and campaigns, and that his foreign service be corrected to show 7 years, 2 months, and 8 days of overseas service vice 2 years, 2 months, and 8 days. His tours in Vietnam during that period of military service included 21 May 1964 – 21 August 1964, 6 June 1966 – 4 June 1967, and 13 December 1967 – 13 August 1968, the date of his discharge for the purpose of reenlistment. As...

  • ARMY | BCMR | CY2011 | 20110010290

    Original file (20110010290.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam. The applicant states he served in Vietnam with a transportation unit; however, his DD Form 214 does not reflect his Vietnam service.

  • ARMY | BCMR | CY2009 | 20090004311

    Original file (20090004311.txt) Auto-classification: Approved

    However, evidence of record shows he served in Vietnam from 10 January 1970 through 6 August 1971, a total of 1 year, 6 months, and 27 days. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the...

  • ARMY | BCMR | CY2015 | 20150000089

    Original file (20150000089.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding award of the...

  • ARMY | BCMR | CY2011 | 20110011881

    Original file (20110011881.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant's third tour in the Republic of Vietnam is not properly documented on his separation DD Form 214 for the period ending 14 December 1971; therefore, it would be appropriate to correct his DD Form 214 to show this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2012 | 20120021568

    Original file (20120021568.txt) Auto-classification: Approved

    The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 22 October 2012 * Army Board for Correction of Military Records (ABCMR) decision memorandum, dated 20 July 2012, and Record of Proceedings, dated 12 July 2012 * Special Orders Number 25, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 25 January 1969 * Special Orders Number 69, issued by Headquarters, 9th Infantry Division, dated 10 March 1969 *...

  • ARMY | BCMR | CY2008 | 20080008735

    Original file (20080008735.txt) Auto-classification: Approved

    The applicant provides a DD Form 214 for the period ending 8 May 1970, a DD Form 214 for the period ending 26 September 1967, and a citation and award certificate for the Army Commendation Medal. Evidence of record shows the applicant served in Vietnam from 20 May 1968 through 6 May 1970, a total of 1 year, 11 months, and 17 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry, "00 11 17" in item...

  • ARMY | BCMR | CY2014 | 20140014030

    Original file (20140014030.txt) Auto-classification: Approved

    GO Number 1905, issued by Headquarters, U.S. Army Vietnam on 27 May 1969, awarded him the Bronze Star Medal for meritorious service from June 1968 to June 1969. The evidence of record shows he participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. adding the entry "USARPAC" to item 22c; b. adding to item 24: * Bronze Star...

  • ARMY | BCMR | CY2012 | 20120021325

    Original file (20120021325.txt) Auto-classification: Approved

    There is no evidence of record he was issued a DD Form 214 for his period of service from 6 May 1969 through 6 February 1971. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 * National Defense Service Medal * Vietnam Service...