PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 November 2002
         DOCKET NUMBER: AR2002078038


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Sherri V. Ward		Member
Mr. Melvin H. Meyer		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, in effect, that the Army Commendation Medal be added to his DD Form 214, Report of Transfer or Discharge.

3. The applicant states, in effect, that he received the award on 4 June 1969 and he left the Army on 11 July 1969.

4. The applicant submitted a copy of two citations that name him as the recipient of the Army Commendation Medal.

5. The applicant’s military records show that the applicant enlisted in the Regular Army on 8 August 1966. He received his Basic Combat Training at Fort Bliss, Texas, and received Advanced Individual Training at Fort Sam Houston, Texas. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 91E (Dental Specialist).

6. In January 1967, the applicant was assigned to Fort Carson, Colorado, as his first duty station. In June 1968, he was reassigned and he arrived in the Republic of Vietnam (RVN) on 18 July 1968. He was assigned to the 219^th Medical Detachment of the 44^th Medical Brigade. He served with that unit until 17 July 1969 when he returned to the United States at the completion of his overseas tour.

7. On 18 July 1969, he was honorably released from active duty in the rank and pay grade of Specialist 4, E-4, and was transferred to the United States Army Reserve Control Group (Reinforcement) to complete the remainder of his Universal Military Training and Service Act obligation. On the date of his separation, he had 2 years, 11 months, and 11 days net active Federal service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following: "NDSM, VCM w/60 dev, VSM, 2 O/S Bars, SPS (M-14) MKM (M14)."

8. The applicant served in the Reserve until 7 August 1972 when he was honorably discharged at the expiration of his term of service.

9. Item 41, Awards and Decorations, of the applicant's DA Form 20, is void of an entry showing the applicant's entitlement to award of the Army Commendation Medal. There are no orders in his service personnel records, and the applicant has provided none, to show that he was awarded the Army Commendation Medal. The applicant provided a copy of two citations awarding him the

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Army Commendation Medal. One of the citations is signed by the (then) commander of the 44^th Medical Brigade, the applicant's unit's superior unit.

10. 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 Vietnam Service Medal.

11. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

12. 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 219^th Medical Detachment, 44th Medical Brigade, a subordinate unit of the United States Army Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period from 20 July 1965 through 28 March 1973 by Department of the Army General Orders 8, dated 1974 and the Meritorious Unit Commendation for the period from 23 May 1968 through 30 November 1969 by Department of the Army General Orders 53, dated 1970.

13. Army Regulation 635-5 governs the preparation and distribution of the
DD Form 214. The regulation specifies that awards and decorations will be listed in the priority sequence specified in Army Regulation 600-8-22. Abbreviations and other forms of contractions are prohibited in this block.

CONCLUSIONS:

1. The applicant provided a copy of 2 citations awarding him the Army Commendation Medal for meritorious service during the period July 1968 to
July 1969. The period for which the applicant is recognized coincides with the beginning and ending of his Vietnam service.

2. One of the citations that the applicant provided is signed by the (then) commander of the 44^th Medical Brigade, the applicant's unit's superior unit. The Board accepts that the copy of the citation submitted by the applicant is authentic

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and that he was awarded the Army Commendation Medal for his service in Vietnam. The applicant is therefore entitled to have the Army Commendation Medal added to his DD Form 214.

3. The evidence of record shows that the applicant participated in the following campaigns during his tour of duty in the Republic of Vietnam: Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; Tet Counteroffensive, 1969, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969. He is therefore entitled to be awarded 4 bronze service stars to be worn on his already awarded Vietnam Service Medal.

4. The applicant served in the 219^th Medical Detachment at the time that the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. He is therefore entitled to have these awards added to his DD Form 214.

5. 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 be corrected by

a. by deleting all entries from Block 24, DD Form 214. These entries do not comply with the applicable regulation and should be corrected.

         b. by amending Block 24, DD Form 214, to add the Army Commendation Medal;

c. by reentering all awards and decorations earned by the applicant to show them correctly in Block 24, DD Form 214, as follows: Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal with Device 60; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Meritorious Unit Commendation; 2 Overseas Service Bars; Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar; Marksman Marksmanship Qualification Badge with Rifle Bar; and

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         d. by providing the applicant a corrected separation document.

BOARD VOTE:

__jns___ __svw___ __mhm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078038
SUFFIX
RECON
DATE BOARDED	20021119
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0020
3.
4.
5.
6.