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Decision Text

ARMY | BCMR | CY2002 | 2002079896C070215
Original file (2002079896C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002079896


         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. Joyce A. Wright . Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Ronald J. Weaver Member
Mr. Harry B. Oberg 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 that he be awarded the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and Purple Heart (PH).

3. The applicant states that the ARCOM, AGCM, and PH are not among the list of awards contained on his separation document (DD Form 214). In support of his application, he submits a copy of his DD Form 214, an award citation for the ARCOM, and copies of orders awarding him the AGCM and PH.

4. The applicant’s military records show he was inducted into the Army of the United States on 11 January 1967. He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). His record also confirms that he served in the Republic of Vietnam (RVN) from 25 July 1967 to 19 July 1968, and he was honorably discharged on 19 December 1968.

5. The applicant’s DD Form 214 shows that earned the following awards during his tenure on active duty: National Defense Service Medal, Marksman Marksmanship Qualification Badge (Rifle); RVN Campaign Medal; Vietnam Service Medal with three bronze service stars; and Combat Infantryman Badge. The ARCOM, AGCM, and PH are not among the authorized awards listed on his separation document.

6. The applicant provided a copy of an award citation which shows that he was awarded the ARCOM for exceptionally meritorious service in support of allied counterinsurgency operations in the RVN for the period August 1967 to July 1968. There are no orders to validate this undated citation.

7. The applicant's records contains a copy of a USARV Form 157-R, dated 25 May 1968, signed by his battalion commander. This document shows that the battalion commander recommended the applicant for the ARCOM for meritorious service for the period 22 August 1967 to 23 July 1968.

8. The applicant provided a copy of Headquarters, 2nd Armored Division General Orders Number 653, dated 4 December 1968, which shows that he was awarded the first award of the AGCM for the period 11 January 1967 to 10 January 1969.

9. The applicant also provided a copy of 4th Infantry Division General Orders 3457, dated 22 October 1967, which shows that he was awarded the PH for wounds received in connection with military operations against a hostile force in the RVN on 8 October 1967.






10. 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 Headquarters and Headquarters Company, 1st Battalion, 35th Infantry, 4th Infantry Division, the unit to which the applicant was assigned, earned the following awards during his assignment tenure: Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11. Army Regulation 600-8-22 provides that the ARCOM 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.

CONCLUSIONS:

1. The applicant has provided an award citation as evidence that he was awarded the ARCOM for exceptional meritorious service in support of allied counterinsurgency operations in the Republic of Vietnam during the period August 1967 to July 1968. There are no orders available to the Board which authorizes this award. However, his records contain a recommendation for the ARCOM signed by the battalion commander. Upon review, the Board has determined that this evidence is sufficiently credible to conclude that it was the intent of the applicant’s chain of command to award him the ARCOM for his meritorious service in the RVN, and it would be appropriate to add this award to his record at this time.

2. The evidence of record also shows that the applicant was awarded the first award of the AGCM for the period 11 January 1967 to 10 January 1969, and the PH for wounds received in connection with military operations against a hostile force in the RVN on 8 October 1967. Therefore, he is entitled to correction of his records to show these awards.

3. The applicant’s unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment. Therefore, he is entitled to correction of his records to show these awards.

4. 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 for the individual concerned be corrected by showing that he was awarded the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by issuing him a corrected separation document that reflects these awards.

BOARD VOTE:

__wm___ __rw___ ___ho__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2002079896
SUFFIX
RECON
DATE BOARDED 20030417
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19681219
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46
2.
3.
4.
5.
6.


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