PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002081275


         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:

Mr. Samuel A. Crumpler		Chairperson
Mr. Roger W. Able		Member
Mr. Patrick H. McGann		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.

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2. The applicant requests correction of his records to show award of the Bronze Star Medal and correction of his social security number on a citation for award of the Bronze Star Medal and on a certificate for the Sniper Course.

3. There is no effective remedy which can be directed by the Board to affect correction of his social security number on his citation for the Bronze Star Medal and the certificate for the Sniper Course. The documents submitted for correction by the applicant are obsolete and cannot be reissued. As a result, this portion of the applicant's request is not discussed further in these Proceedings.

4. The applicant states that he has no medal for becoming a sniper and the certificate for the Sniper Course has the wrong social security number. In support of his application, he submitted a citation for the Bronze Star Medal and a certificate for completion of the Sniper Course.

5. The applicant’s military records show that he was inducted in the Army on 18 September 1970. He successfully completed basic and advanced individual training and was awarded military occupational specialty 11B (light weapons infantryman). He served in Vietnam from 18 March 1971 through 27 January 1972 and was honorably released from active duty on 28 January 1972.

6. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Bronze Star Medal as an authorized award.

7. 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 (Enlisted Qualification Record) is not present in his records. The applicant provided a copy of a citation in support of his claim for award of the Bronze Star Medal.

8. Review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his separation document.

9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal. 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 service in Vietnam, Appendix B shows that he participated in three campaigns of the Vietnam War.

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

11. 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.

12. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

13. 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.

14. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. There are no orders in the applicant’s records which show he was awarded the Bronze Star Medal.

2. The applicant submitted a citation in support of his claim for award of the Bronze Star Medal. In the absence of orders awarding him the Bronze Star Medal, the Board has determined that the citation alone is insufficient evidence as a basis for award of the Bronze Star Medal.

3. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam. Therefore he is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

4. Evidence of record shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal. Therefore, his DD Form 214 will be amended to show award of the Republic of Vietnam Campaign Medal.

5. 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.

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

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

BOARD VOTE:

SAC____ RWA____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Samuel A. Crumpler____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081275
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030403
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0014
2.
3.
4.
5.
6.