PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002078629


         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. Joann Langston		Chairperson
Mr. Lester Echols		Member
Mr. Allen L. Raub		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 records to show award of the Air Medal, the Vietnam Service Medal with "two stars" (correctly known as the Vietnam Service Medal with two bronze service stars), the "Berlin Occupation Medal" and the Army of Occupation Medal with Germany Clasp.

3. The applicant states, in effect, that these awards are omitted from his records. In support of his application, he submitted a copy of his DD Form 214 (Report of Separation from Active Duty), with an effective date of 31 March 1979.

4. The applicant’s military records show that he was inducted in the Army on 19 March 1959. He successfully completed basic and advanced individual training and served in Germany from 10 August 1959 through 13 October 1962. The applicant was honorably discharged from active duty on 18 March 1961.

5. The applicant enlisted in the Regular Army on 19 March 1961 and was honorably discharged on 18 March 1964. He continued to serve on active duty through a series of reenlistments and completed overseas assignments in Vietnam, Alaska and Germany. After completion of 20 years of honorable service, the applicant was discharged from active duty on 31 March 1979 and placed on the retired list in the rank of staff sergeant.

6. The applicant's personnel records contain five DD Forms 214. His DD Form 214, with an effective date of 31 March 1979 [herein referred to as his retirement DD Form 214], shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation, the Presidential Unit Citation (Army), the Aircraft Crewman Badge, the Good Conduct Medal (6th Award) and three Oversea Service Bars as authorized awards.

7. The applicant's personnel records contain Headquarters, United States Army Vietnam, MACV [Military Assistance Command Vietnam] Support Command General Orders Number 1933, dated 21 August 1972, which awarded him the basic Air Medal for the period 11 February 1971 to 14 October 1971.

8. Item 5 (Ovesea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Vietnam from 15 August 1965 through 8 August 1966 and from 27 November 1970 through 11 December 1971.

9. The applicant's retirement DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 2-1 shows he received campaign credit for participation in the Vietnam Defense Campaign, the Vietnam Counteroffensive Campaign, the Vietnam Counteroffensive Phase II Campaign, the Counteroffensive Phase VII Campaign, the Consolidation I Campaign, and the Consolidation II during his assignments in Vietnam.

10. Item 35 (Record of Assignments) on the applicant's DA Form 2-1 shows
he served in Berlin from 22 August 1959 through 8 November 1960. His DA Form 2-1 also shows he served in Germany from 10 March 1978 through 12 March 1979.

11. The applicant's DD Form 214, with an effective date of 18 March 1961, shows entitlement to the Army of Occupation Medal with Germany Clasp based on service in Berlin. However, this award is not shown on his retirement DD Form 214.

12. The Board noted that the applicant's DD Form 214, with an effective date of 18 March 1964, shows entitlement to award of the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar. However, these badges are not shown on his retirement DD Form 214.

13. 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. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

14. Army Regulation 600-8-22 also states, that the Army of Occupation Medal with Germany Clasp is for authorized service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1. Orders show the applicant was awarded the basic Air Medal for the period 11 February 1971 to 14 October 1971. Therefore, his records will be corrected to show award of the Air Medal.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in six campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star (in lieu of five bronze service stars) and one bronze service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and one bronze service star and correction of his DD Form 214 to show these awards.

3. Evidence of record shows the applicant served in Berlin from 22 August 1959 through 8 November 1960. His DD Form 214, with an effective date of 18 March 1961, shows entitlement to award of the Army of Occupation Medal with Germany Clasp based on his service in Berlin. Therefore, he is entitled to correction of his retirement DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp for service in Berlin.

4. Records show the applicant served a second tour of duty in Germany, but not in Berlin, from 10 March 1978 through 12 March 1979. Since his service was after the ending date for award of the Army of Occupation Medal, he is not entitled to award of the Army of Occupation Medal for this period of service in Germany.

5. The applicant's DD Form 214, with an effective date of 18 March 1964, shows the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar as authorized awards. The Board determined that it would be appropriate to correct his retirement DD Form 214 to show these badges.

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 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the retirement DD Form 214 of the individual concerned; and

b. by adding award of the Air Medal, the Vietnam Service Medal with one silver service star and one bronze service star, the Army of Occupation Medal with Germany Clasp, the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar to his retirement DD Form 214.

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

BOARD VOTE:

JL______ LE______ ALR_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078629
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030220
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
2.
3.
4.
5.
6.