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Decision Text

ARMY | BCMR | CY2002 | 2002078441C070215
Original file (2002078441C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002078441


         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:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Ms. Tracey Pinson 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal (First Oak Leaf Cluster)).

3. The applicant states that he was awarded two Bronze Star Medals while serving in Vietnam. He claims that the unit to which he was assigned was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. He submitted a copy of orders awarding him the Bronze Star Medal and his DD Form 214 in support of his application.

4. The applicant’s military records show that he was inducted in the Army on 23 May 1966. He completed training as a medical specialist and served in Vietnam from 4 January 1967 through 3 January 1968. The applicant was honorably released from active duty on 22 May 1968.

5. The applicant's DD Form 214 does not show entitlement to any awards of the Bronze Star Medal.

6. The applicant provided a copy of Headquarters, 25th Infantry Division General Orders Number 4743, dated 7 December 1967. These orders show that the applicant was awarded the Bronze Star Medal for meritorious service during the period January 1967 to December 1967. There are no orders in the applicant’s service personnel records which show that he was awarded a second award of the Bronze Star Medal.

7. 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 that, at the time of the applicant’s assignment to the 1st Battalion, 27th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

8. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

9. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 20 (Enlisted Qualification Record) shows he received campaign credit for participation in the Vietnam Counteroffensive Phase II Campaign. Appendix B of Army Regulation 600-8-22 shows he was also entitled to credit for participation in the Vietnam Counteroffensive Phase III Campaign during his tour in Vietnam.

10. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 27th Infantry, 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.

11. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12. 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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was awarded two Bronze Star Medals while serving in Vietnam.

2. Orders show the applicant was awarded the Bronze Star Medal for meritorious service during the period January 1967 to December 1967. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the second award of the Bronze Star Medal. Therefore, the applicant’s DD Form 214 will be amended to show only one award of the Bronze Star Medal.

3. While the applicant was assigned to the 1st Battalion, 27th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this foreign unit award.

4. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. 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.

5. Orders show the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 will be amended to show this foreign unit award.
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:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by adding award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 on his DD Form 214.

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

BOARD VOTE:

KAK____ MHM____ TLP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Karol A. Kennedy______
                  CHAIRPERSON




INDEX

CASE ID AR2002078441
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030128
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.
3.
4.
5.
6.


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