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ARMY | BCMR | CY2002 | 2002080621C070215
Original file (2002080621C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2003
         DOCKET NUMBER: AR2002080621


         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. Fred N. Eichorn Chairperson
Mr. Lester Echols Member
Ms. Marla J. Troup 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 award of the Combat Action Ribbon.

3. The applicant states that he received the actual ribbon; however, the Combat Action Ribbon is not shown on his DD Form 214 (Report of Transfer or Discharge). In support of his application, he submits a copy of orders for the Bronze Star Medal with "V" Device and a citation for award of the Army Commendation Medal.

4. The Board noted the applicant's request to correct his records to show award of the Combat Action Ribbon. However, the Combat Action Ribbon is not shown on his DD Form 214 covering all of his Army service, and there is no evidence the applicant served in the U.S. Navy or U.S. Marine Corps. Since the Combat Action Ribbon is a Department of the Navy award, this Board does not have authority to award the Combat Action Ribbon and it is not discussed further in these Proceedings. If the applicant believes he is entitled to award of the Combat Action Ribbon, then he may apply to the Board for Correction of Naval Records.

5. The applicant’s military records show that he was inducted on 11 May 1967 and honorably discharged on 15 May 1967 for immediate enlistment. He enlisted on 16 May 1967 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 13 January 1969 through 12 January 1970. The applicant was honorably released from active duty on 12 January 1970.

6. The applicant received the first award of the Combat Infantryman Badge which is not shown on his DD Form 214.

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he served in four campaigns during his assignment in Vietnam.

8. 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 Valorous Unit Award for actions on 31 January 1968 by Department of the Army General Orders Number 39, dated 1970. This award is not shown on his DD Form 214.

9. 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 43, dated 1970. This award is not shown on his DD Form 214.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. This award is not shown on his DD Form 214.

11. 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 Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2. 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.

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

4. 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 Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

FNE____ LE_____ MJT_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2002080621
SUFFIX
RECON
DATE BOARDED 20030410
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0030
2. 107.0000
3.
4.
5.
6.


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