PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002077682


         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. Beverly A. Young		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.

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2. The applicant requests correction of item 23a (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his additional military occupational specialty (MOS) as
67A1F (aircraft maintenance apprentice). He also requests correction of his DD Form 214 to show the Purple Heart, the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, four awards of the Air Medal (correctly known as the Air Medal with Numeral "4"), two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)), and an unspecified National Guard medal.

3. The applicant states, in effect, that these items were omitted from his record in Vietnam and at the time of his discharge. In support of his application, he submitted a copy of his DD Form 214; his NGB Form 22 (Report of Separation and Record of Service in the Army National Guard); a supplemental letter; a Report of Medical Examination; a listing of soldiers who participated in the Cambodian Campaign during the period 1 May 1970 to 30 June 1970; orders assigning him flight status; orders awarding the basic Air Medal; orders awarding the second through fourth award of the Air Medal; amendment orders awarding the Army Commendation Medal (First Oak Leaf Cluster); orders awarding the first award of the Good Conduct Medal; and orders awarding the Army Commendation Medal.

4. The applicant’s military records show that he was inducted in the Army on 26 November 1969. He successfully completed basic and advanced individual training and served in Vietnam from 3 May 1970 through 2 July 1971. The applicant was honorably released from active duty on 2 July 1971 and was transferred to the U.S. Army Reserve Control Group. He enlisted in the Army National Guard on 14 May 1974 and was honorably discharged on 20 January 1975.

5. The applicant's DD Form 214 shows the entry "13A10 ARTY [artillery]" in
item 23a.

6. Item 22 (Military Occupational Specialties) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the primary MOS 13A on 12 April 1970. His DA Form 20 shows he was assigned to the Service Battery, 5th Battalion, 42nd Artillery from 11 May 1970 to 27 January 1971 in MOS 13A.

7. His records contain Headquarters, 2nd Squadron, 11th Armored Cavalry Regiment Special Orders Number 105, dated 28 May 1971, which shows he was awarded the secondary MOS 67A effective 28 May 1971. His DA Form 20 shows he was assigned to Air Cavalry Troop, 11th Armored Cavalry Regiment on 28 January 1971 in MOS 67A. Orders published by Headquarters U.S. Army Personnel Center, Oakland, California, show the applicant was released from active duty on 2 July 1971 in MOS 13A. There is no evidence of record which shows the applicant served in his secondary MOS 67A for a period of one year or more.

8. The applicant's DD Form 214 does not show Purple Heart, the Bronze Star Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, the Air Medal with Numeral "4", the Army Commendation Medal (First Oak Leaf Cluster), or an unspecified National Guard medal as authorized awards.

9. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not show any entry in item 41 for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

11. 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 does not indicate that, at the time of the applicant's assignment to the Service Battery, 5th Battalion, 42nd Artillery or the Air Cavalry Troop, 11th Armored Cavalry Regiment, these units were cited for award of the Presidential Unit Citation.

12. Department of the Army Pamphlet 672-3 shows that the 5th Battalion, 42nd Artillery was authorized the Meritorious Unit Commendation for actions during the period 25 April 1968 to 25 April 1969. There is no evidence of record which shows he was assigned to this unit at the time it was cited for award of the Meritorious Unit Commendation.

13. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in the DA Sanctuary Counteroffensive Campaign (1 May 1970 to 30 June 1970) and the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 to 30 June 1971) of the Vietnam War.

14. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the Service Battery, 5th Battalion, 42nd Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

15. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the Service Battery, 5th Battalion, 42nd Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

16. The applicant provided a copy of Headquarters, 2nd Squadron, 11th Armored Cavalry Regiment General Orders Number 59, dated 21 June 1971, which awarded him the first award of the Good Conduct Medal for the period 26 November 1969 to 22 June 1971.

17. The applicant provided a copy of Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 964, dated 29 June 1971. These orders awarded him the basic Air Medal for meritorious achievement while participating in aerial flight in Vietnam from February 1971 to April 1971.

18. The applicant also provided a copy of Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1015, dated 29 June 1971, which awarded him the second through fourth award of the Air Medal for meritorious achievement while participating in aerial flight from April 1971 to June 1971.

19. Records show the applicant was awarded the Army Commendation Medal by Headquarters, II Field Force Vietnam Artillery General Orders Number 1250, dated 27 October 1970, for meritorious achievement from 25 May 1970 to 25 July 1970.

20. Records show the applicant was awarded the Army Commendation Medal by Headquarters 3d Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 352, dated 5 May 1971, for meritorious service from July 1970 to July 1971.

21. Amendment orders published by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) published on 2 August 1971, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster).
22. The applicant provided a copy of NGB Form 22 which shows he served in the Army National Guard from 14 May 1974 to 20 January 1975.

23. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 23a (Specialty Number & Title).

24. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

25. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

26. 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.

27. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

CONCLUSIONS:

1. Records show the applicant was awarded the primary MOS 13A effective 12 April 1970.

2. Records also show he was awarded the secondary MOS 67A effective 28 January 1971. However, there is no evidence of record which shows he served in MOS 67A for one year or more during his active military service. Therefore, there is no basis for correcting his DD Form 214 to show the additional MOS 67A in item 23a.

3. There are no orders which show the applicant was awarded the Purple Heart. There is no evidence of record which shows he was wounded or treated for wounds as a result of hostile action. Therefore, there is no basis for awarding the applicant the Purple Heart.

4. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for awarding the Bronze Star Medal in this case.

5. The Board considered the applicant's request for correction of his DD Form 214 to show award of the Presidential Unit Citation and the Meritorious Unit Commendation. However, the Department of the Army Pamphlet 672-3 shows that the 5th Battalion, 42nd Artillery and the 11th Armored Cavalry Regiment were not authorized the Presidential Unit Citation and the Meritorious Unit Commendation at the time the applicant was assigned to these units. Therefore, his DD Form 214 will not be amended to show award of the Presidential Unit Citation and the Meritorious Unit Commendation.

6. The Board also considered the applicant's request for award of the Vietnam Service Medal with three bronze service stars. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam. 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. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

8. Orders show the applicant was awarded the Good Conduct Medal for the period 26 November 1969 to 22 June 1971. Therefore, his DD Form 214 will be corrected to show the Good Conduct Medal.

9. Evidence of record shows the applicant was awarded the basic Air Medal and the second through fourth awards of the Air Medal. Therefore, he is entitled to a total of four awards of the Air Medal and correction of his DD Form 214 to show the Air Medal with Numeral "4."

10. Orders show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster). Therefore, his DD Form 214 will be amended to show this award.

11. The Board considered the applicant's request to correct his records to show a National Guard medal.

12. The applicant served on active duty from 26 November 1969 to 2 July 1971 and was issued a DD Form 214 to cover this period.

13. Records show the applicant served in the Army National Guard from 14 May 1974 to 20 January 1975. Based on the governing regulation in effect at the time, only decorations awarded during the period covered by the DD Form 214 will be entered in item 24. Therefore, there is no basis for amending his DD Form 214 to show a National Guard medal.

14. 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 Vietnam Service Medal from item 24 on the DD Form 214 of the individual concerned; and

b. by adding award of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, the Air Medal with Numeral "4", and the Army Commendation Medal (First Oak Leaf Cluster).

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, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077682
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030116
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.