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Decision Text

ARMY | BCMR | CY2002 | 2002080325C070215
Original file (2002080325C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002080325


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Bronze Star Medal.

3. The applicant states that he was awarded the Army Commendation Medal while in serving Vietnam and was awarded the Bronze Star Medal after he departed from Vietnam. In support of his application, he submits a letter, dated 18 September 2002, from the Veterans Affairs Office in Abbeville County, South Carolina and an award certificate and citation for the Army Commendation Medal.

4. The applicant’s military records show that he was inducted on 4 December 1967. He served as a communications lineman in Vietnam from 10 May 1968 through 9 May 1969 and was released from active duty on 3 December 1969.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal or the Bronze Star Medal as authorized awards.

6. II Field Force Vietnam General Orders Number 1126, dated 11 May 1969, show the applicant received the Army Commendation Medal for meritorious service during the period May 1968 to May 1969.

7. There are no orders for the Bronze Star Medal in the applicant's service personnel records.

8. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

9. A search of the historical files of Company A, 53rd Signal Battalion located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Bronze Star Medal.

10. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam; however, his DD Form 214 does not show entitlement to four bronze service stars for this campaign participation.

11. 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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1967 to 30 June 1968 by Department of the Army General Orders


Number 56, dated 1969. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 July 1968 to 31 December 1969 by Department of the Army General Orders Number 48, dated 1971. These unit awards are not shown on the applicant's DD Form 214.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his DD Form 214.

13. Army Regulation 600-8-22 (Military Awards) 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. 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 applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2. The Board considered the applicant's contention that he was awarded the Bronze Star Medal after he departed from Vietnam. However, the applicant has provided no evidence to support this contention.

3. There is no evidence of record available to the Board which shows the applicant was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

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 four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

5. The applicant's unit received two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant's DD Form 214 should be corrected to show these unit awards.

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 by showing that the individual concerned was awarded the Army Commendation Medal, the Vietnam Service Medal with four bronze service stars, two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to the Bronze Star Medal be denied.

BOARD VOTE:

RVO___ JPI_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor_________
                  CHAIRPERSON




INDEX

CASE ID AR2002080325
SUFFIX
RECON
DATE BOARDED 20030612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0020
2. 107.0014
3. 107.0000
4.
5.
6.


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