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ARMY | BCMR | CY2002 | 2002079039C070215
Original file (2002079039C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002079039


         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. Fred N. Eichorn Chairperson
Mr. James E. Anderholm Member
Ms. Eloise C. Prendergast 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, as the legal representative of a retired service member, requests that her husband's records be corrected to show award of the Army Commendation Medal.

3. The applicant states, in effect, that her husband's record, which covers his Vietnam service, is not complete. She states that her husband is ill and wants his ribbon. In support of her husband's application, she submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his passport for journey to the Philippines, a portion of a proposed citation, a DA Form 638 (Recommendation for Award), dated 4 May 1964, an award certificate for the Army Commendation Medal, two Letters of Appreciation and three endorsements.

4. The retired service member's military records show that he initially served in the Army National Guard from 26 September 1939 to 13 January 1941. He continued to serve on active duty from 14 January 1941 to 27 November 1945. After a break in service, he served on active duty from 9 March 1948 to 3 July 1951 and 4 July 1951 to 3 August 1951. He enlisted in the U.S. Army Reserve (USAR) on 4 August 1951 and was appointed as a Reserve warrant officer on 19 August 1953. He was discharged from the USAR in the rank of Chief Warrant Officer Two on 28 August 1957. He enlisted in the Regular Army again on 29 August 1957 and was retired on 31 May 1964.

5. The retired service member's personnel records contain three discharge documents. His DD Form 214, with an effective date of 31 May 1964, only shows the Good Conduct Medal with two loops as an authorized award.

6. Headquarters 2nd Infantry Division General Orders Number 77, dated 27 May 1964, awarded the retired service member the Army Commendation Medal for meritorious service from 1 March 1963 to 15 May 1964.

7. The Board noted that the retired service member is entitled to award of the Armed Forces Expeditionary Medal which is not shown on his discharge documents.

8. The retired service member's DD Form 214, with an effective date of 31 May 1964, does not show any foreign service in item 24c (Foreign and/or Sea Service).

9. Section 5 (Service Outside Continental United States) on the retired service member's DA Form 24 (Service Record) shows he served in Okinawa from 22 September 1961 through 5 February 1962 (a period of 4 months and 14 days).

10. His Service Record also shows he served in Vietnam from 5 February 1962 through 17 December 1962 (a period of 10 months and 13 days).

11. Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam Service.

12. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c. The regulation also stated that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

CONCLUSIONS:

1. Orders show the retired service member was awarded the Army Commendation Medal for meritorious service for the period 1 March 1963 to 15 May 1964. Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal.

2. Records show that the retired service member served in Okinawa from 22 September 1961 through 5 February 1962 (a period of 4 months and 14 days).

3. Records also show the retired service member served in Vietnam from 5 February 1962 through 17 December 1962 (a period of 10 months and 13 days).

4. Based on paragraph 3, above, the retired service member served a period of qualifying service for award of the Armed Forces Expeditionary Medal. Therefore, his records will be corrected to show this award.

5. The retired service member's DD Form 214, with an effective date of 31 May 1964, does not show any foreign service. However, evidence of record shows he completed a total of 1 year, 2 months and 27 days of foreign service in Okinawa and Vietnam. Therefore, he is entitled to correction of item 24c on his DD Form 214, with an effective date of 31 May 1964, to show he served 1 year, 2 months and 27 days of foreign service.

6. In view of the foregoing, the retired service member's should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by amending the DD Form 214, with an effective date of 31 May 1964, of the individual concerned to show the Army Commendation Medal and the Armed Forces Expeditionary Medal; and

b. by amending item 24c (Foreign and/or Sea Service) on his DD Form 214, with an effective date of 31 May 1964, to show the entry "01 02 27."

BOARD VOTE:

FNE_____ JEA____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON




INDEX

CASE ID AR2002079039
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030206
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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