PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002080486


         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. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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 records to show the Meritorious Unit Commendation, the Bronze Star Medal and all medals to which he is entitled.

3. The applicant submitted two applications. He states, in effect, that the Meritorious Unit Commendation was awarded to his unit based on the Battery A, 1st Battalion, 82nd Artillery unit history records. He claims that he was awarded the Bronze Star Medal for trying to save a former fellow soldier. In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a proposed citation for award of the Meritorious Unit Commendation; a Recommendation for award of the Meritorious Unit Commendation; a page from his DA Form 20 (Enlisted Qualification Record); a letter from the Director of the Environmental Support Group; a portion of a DA Form 1 (Morning Report); a letter from a former fellow soldier; a letter from the Director of the Center for Unit Records Research; a portion of the 1st Battalion, 82nd Artillery unit history; a supplemental letter; and a letter from a Readjustment Counseling Therapist.

4. The applicant’s military records show that he enlisted in the Regular Army on 28 February 1966 for a period of three years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 76Y (Supply Specialist). The applicant served in Vietnam from 26 November 1967 through 22 November 1968 and was honorably released from active duty on 23 November 1968.

5. The applicant's DD Form 214 does not show the Meritorious Unit Commendation or the Bronze Star Medal as authorized awards.

6. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to the Headquarters Battery, 3rd Battalion, 16th Artillery from 2 December 1967 to 4 September 1968 in Vietnam. His DA Form 20 also shows that he was further assigned to Battery A, 1st Battalion, 82nd Artillery from 5 September 1968 to 22 November 1968 in Vietnam.

7. 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 does not indicate that the 3rd Battalion, 16th Artillery or that the 1st Battalion, 82nd Artillery was cited for award of the Meritorious Unit Commendation during the time he was assigned to these units.

8. The applicant provided a copy of a proposed citation for award of the Meritorious Unit Commendation. This citation shows that Battery A, 1st Battalion, 82nd Artillery was recommended for award of the Meritorious Unit Commendation for exceptionally meritorious achievement in the performance of outstanding service during the period August 1968 to July 1969.

9. The applicant also provided a copy of a Recommendation for Award of the Meritorious Unit Commendation, dated 1 December 1969. This document indicates that the 1st Battalion, 82nd Artillery was recommended for award of the Meritorious Unit Commendation for actions during the period 1 August 1968 to 31 July 1969 in Vietnam. There is no evidence available to the Board which shows that this recommendation was approved by the appropriate authority.

10. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. His DA Form 20 does not list the Bronze Star Medal in item 41 (Awards and Decorations). The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

11. A review of the applicant's personnel records revealed that he is entitled to the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. His DA Form 20 shows he received campaign credit for participation in the Vietnam Counteroffensive, Phase III Campaign and the Tet Counteroffensive Campaign in item 39 (Campaigns).

13. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he also received credit for participation in the Vietnam Counteroffensive Phase IV Campaign and the Vietnam Counteroffensive Phase V Campaign during the Vietnam War.

14. The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters Department of the Army General Orders Number 8, dated 1974.

15. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

16. Army Regulation 600-8-22 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.

17. 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 Board considered the applicant's request for award of the Meritorious Unit Commendation.

2. The Board carefully reviewed the proposed citation and the recommendation for award of the Meritorious Unit Commendation submitted by the applicant in support of his claim.

3. There are no orders available to the Board which authorize award of the Meritorious Unit Commendation to the applicant. The Board noted that the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not indicate that the applicant's units in Vietnam were cited for award of the Meritorious Unit Commendation during the time he was assigned to these units.

4. There is no evidence available to the Board which shows that the proposed citation or the recommendation for award of the Meritorious Unit Commendation were approved.

5. In the absence of evidence showing that the proposed citation and recommendation was approved by the appropriate approval authority, the Board determined that there is no basis for awarding the Meritorious Unit Commendation in this case.

6. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for granting the applicant award of the Bronze Star Medal.

7. 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.

8. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

9. 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 the individual concerned was awarded the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as it relates to the Meritorious Unit Commendation and the Bronze Star Medal be denied.

BOARD VOTE:

MKP______ TSK____ LF_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002080486
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030513
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.