PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002078050


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy, Jr.		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal, award of the Expert Marksmanship Badge with Rifle Bar, and he completed "supply clerk training" at Fort Ord, California, instead of Fort Huachuca, Arizona.

3. The applicant states that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and item 25 (Education and Training Completed) should be corrected as he has requested. In support of his application, the applicant submitted a copy of a citation for award of the Bronze Star Medal for meritorious achievement for the period 2 through 27 May 1970.

4. The applicant’s military records show that he was inducted on 6 May 1968 and completed training as a Supply Clerk. He served in Vietnam from 3 June 1969 to 10 August 1970 and was honorably discharged from active duty effective 10 August 1970.

5. The applicant's DD Form 214 does not show the Bronze Star Medal as an authorized award in item 24. Item 24 does show that he was awarded the Expert Marksmanship Badge for qualification on the M-14 Rifle, but there is no entry for qualification with the M-16 Rifle.

6. Item 25 of the applicant's DD From 214 contains one entry: "CST Ft Huachuca AZ 8 wks Supply Clk [Combat Support Training, Fort Huachuca, Arizona, 8 weeks, Supply Clerk].

7. 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 (Enlisted Qualification Record) does not show an entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal. A search of unit records at the National Archives in College Park, Maryland, did not reveal orders awarding the applicant the Bronze Star Medal.

8. The applicant's service personnel records contain a copy of U.S. Army Support Command, Qui Nhon, General Orders 748, dated 23 July 1970, which awarded the applicant the Army Commendation Medal for meritorious achievement in Vietnam during the period 2 May 1970 to 27 May 1970.

9. The applicant's DA Form 20 shows in item 41 that he qualified as an "expert" with the M-16 Rifle and was awarded the Expert Marksmanship Badge with Rifle Bar by Special Orders 114, 3d Training Brigade (Fort Ord, California), dated 19 June 1968. His DA Form 20 also shows he qualified as an expert with the M-14 Rifle.

10. The applicant's DA Form 20 shows that he was ordered to Fort Ord, California, for Advanced Individual Training in military occupational specialty (MOS) 76A (Supply Clerk). Records also show that he completed this training and was awarded MOS 76A on 2 May 1969.

11. The Board noted that the applicant's records do not show any unit awards. However, DA Pamphlet 672-3 shows the unit awards authorized for those units serving in and supporting the Vietnam War. This document shows that the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm based on Department of the Army General Orders Number 8, dated 1974.

12. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

15. Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

16. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. There are no orders which show the applicant was entitled to award of the Bronze Star Medal. There also is no recommendation for award of the Bronze Star Medal in the applicant's records.

2. The Board noted the citation presented by the applicant for award of the Bronze Star Medal; however, this document by itself is not authority for correction of records. Regulations state that the authority for an award or decoration is the order, letter, or memorandum which awards the decoration.

3. In view of the General Orders awarding the applicant the Army Commendation Medal for the period 2 May 1970 through 27 May 1970, the Board concluded that the award approval authority determined that the applicant's meritorious achievement did not warrant award of the Bronze Star Medal. However, these General Orders show that the award approval authority determined the applicant's actions warranted award of the Army Commendation Medal instead. Therefore, the applicant is entitled to correction of his records to show award of the Army Commendation Medal.

4. Orders show that the applicant qualified as an expert with the M-16 Rifle. Therefore, the Board determined that the entry "EXP M-16" should be entered in item 24 of his DD Form 214.

5. Orders show the applicant complete Advanced Individual Training at Fort Ord, California. Therefore, item 25 of the applicant's DD Form 214 should be corrected to show that he completed Combat Support Training at Fort Ord, California, instead of Fort Huachuca, Arizona.

6. Orders show the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm; therefore his records should be corrected to show this foreign unit award.

7. 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 showing in item 24 of the DD Form 214 of the individual concerned that he was awarded the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm;

b. by showing in item 24 of his DD Form 214 the entry "EXP M-16"; and

c. by showing in item 25 the entry "Ft Ord CA" in place of the entry " Ft Huachuca AZ."

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

BOARD VOTE:

__TEO__ __TBR___ __AAO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078050
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030401
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.