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Decision Text

ARMY | BCMR | CY2002 | 2002080934C070215
Original file (2002080934C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2002080934


         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. Vic Whitney Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Patrick H. McGann Member
Ms. Kathleen A. Newman 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 awards of the Bronze Star Medal with "V" device, the Air Medal, the Army Commendation Medal, the Vietnam Service Medal with 1 bronze service star, the Republic of Vietnam Campaign Medal, the Combat Infantryman's Badge (CIB), the Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and qualification badges for the rifle and grenade.

3. The applicant states that these awards were not on his DD Form 214.

4. The applicant’s military records show that he enlisted and entered active duty on 31 December 1968 as a radio repairman. On 4 March 1970 he was convicted by a special court-martial of 177 days absent without leave (AWOL). He was promoted to the pay grade of E-3 effective 29 July 1970.

5. He was assigned to Vietnam as an infantryman from 23 July 1970 through 1 August 1971. He was promoted to the pay grade of E-4 effective 9 April 1971.

6. Effective 12 January 1972, the applicant was separated from active duty and transferred to the Army Reserve. He had 2 years, 6 months, and 16 days creditable active duty and 177 days lost time due to AWOL.

7. The only awards listed on his DD Form 214 were the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge.

8. The applicant's records contain copies of award orders for the Bronze Star Medal with "V" device, the Air Medal, the Army Commendation Medal, and the Combat Infantryman's Badge. Additionally, the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with palm and was credited with participation in one campaign during his period of assignment. These authorized awards will be administratively added to his DD Form 214. There is no evidence of record that during the applicant's period of service in Vietnam that his unit of assignment was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9. Army Regulation 600-8-22 states that the Vietnam Service Medal is awarded to soldiers serving in Vietnam after 3 July 1965 through 28 March 1973. Additionally, the unit to which the applicant was assigned was credited with participation in one campaign during his period of assignment, which authorizes the addition of a bronze service star for the Vietnam Service Medal. The regulation also provides that the Republic of Vietnam Campaign Medal is awarded to soldiers for a minimum of 6 months service in Vietnam between 1 March 1961 and 28 March 1973. Since the applicant served in Vietnam from 23 July 1970 through 1 August 1971, these authorized awards will be administratively added to his DD Form 214.

10. Basic marksmanship qualification badges are awarded to indicate the degree a soldier has qualified in a prescribed record course with an appropriate bar to denote each weapon. The applicant's records show that he was awarded the Sharpshooter Marksmanship Qualification Badge but fails to indicate with which weapon. It is noted that the applicant was an infantryman and it is highly likely, in the absence of any other evidence of record, that this qualification badge was for the rifle. There is no evidence that he qualified with any other weapon.

11. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

CONCLUSIONS:

1. The applicant has been awarded the Bronze Star Medal with "V" device, the Air Medal, the Army Commendation Medal, and the Combat Infantryman's Badge and these authorized awards will be administratively added to his DD Form 214.

2. The applicant's service records show that he is authorized the Republic of Vietnam Gallantry Cross Unit Citation with palm, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal. These authorized awards will also be administratively added to his DD Form 214.

3. Based on the applicant's service as an infantryman his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with rifle bar.

4. There is no evidence of record that the applicant is authorized award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or a Marksmanship Qualification Badge for the grenade.

5. Based on the applicant's 177 days of lost time due to AWOL and his conviction of that offense by a special court-martial, it would not be appropriate to authorize an award of the Good Conduct Medal.


6. 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 for the individual concerned be corrected by correcting his records to show award of the Sharpshooter Marksmanship Qualification Badge with rifle bar.

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

3. That the Army Review Boards Agency Support Division, St. Louis, administratively correct so much of his records as provided for in paragraphs 1 and 2 of the Conclusions portion of these Proceedings.

BOARD VOTE:

__ro___ ___pm___ __kn___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002080934
SUFFIX
RECON
DATE BOARDED 20030703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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