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ARMY | BCMR | CY2002 | 2002079913C070215
Original file (2002079913C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002079913


         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. John P. Infante 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 requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his service in Vietnam and all of his awards.

3. The applicant states, in effect, that he served in Vietnam in 1967 and 1968 and he believes that the necessary data is all in his records.

4. His military records show that he was inducted on 8 November 1966, completed training as an infantryman, served in Vietnam, was separated with an honorable characterization of service on 31 October 1968 and was transferred to the Army Reserve.

5. The DD Form 214 shows his authorized awards as the Good Conduct Medal, the Sharpshooter Qualification Badge (M-16) and the Vietnam Service Medal.

6. When the applicant affiliated with the Georgia Army National Guard, in 1981, a new Personnel Qualification Record (DA Form 2-1) was prepared and most of the details that had probably been on his old DA Form 20, such as the dates of his service and assignments in Vietnam, were lost.

7. 5th Infantry Division orders show that the applicant qualified as Marksman with the .45 caliber pistol. On 15 September 1968, 1st Brigade, 5th Infantry Division orders, awarded him the Combat Infantryman Badge as a member of A Company, 1st Battalion, 61st Infantry. He was also awarded the Good Conduct Medal on 2 October 1968. 1st Brigade, 5th Infantry Division's address was then carrying a Vietnam postal zip code.

8. His DD Form 214 currently lists his authorized awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal and the Sharpshooter Qualification Badge with Rifle Bar.

9. A search of the historical record at the National Archives shows that the A Company, 1st Battalion, 61st Infantry, 5th Infantry Division served in Vietnam from 27 July 1968 to 1 August 1971.

10. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: the Tet Counteroffensive, which ended on 1 April 1968 and the Counteroffensive Phase V, which ended on 1 November 1968.
 
11. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

12. The Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

13. A 22 January 2003 letter from the staff of the Board asked the applicant to submit any available substantiating information. The applicant did not respond.

CONCLUSIONS
:

1. The applicant apparently deployed to Vietnam with A Company, 1st Battalion 61st Infantry, 5th Infantry Division on 27 July 1968. In the absence of any definitive information it is presumed that he was returned to the United States with minimal time for his 31 October 1968 separation, which puts his departure from Vietnam on or about 29 October 1968. Therefore, the available evidence indicates that he served in Vietnam for 3 months and 3 days.

2. He served in Vietnam during the Counteroffensive Phase V campaign period and is entitled to wear a bronze service star on the Vietnam Service Medal.

3. The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation Badge.

4. He has also been awarded the Combat Infantryman Badge, the Good Conduct Medal, the Expert Qualification Badge with Rifle Bar and the Marksman Qualification Badge with Pistol Bar.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned;

a. served in Vietnam for 3 months and 3 days; and

b. is authorized, in addition to the awards currently shown on his DD Form 214, a bronze service star for wear on the Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation Badge, the Combat Infantryman Badge, and the Marksman Qualification Badge with Pistol Bar.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

_RVO___ ___JPI __ __ECP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002079913
SUFFIX
RECON
DATE BOARDED 20030612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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