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Decision Text

ARMY | BCMR | CY2002 | 2002081648C070215
Original file (2002081648C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:



         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2002081648

         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. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. Eric N. Andersen Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The applicant did ( not ) appear before the Board and was ( not ) represented by counsel.

         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 he be awarded the “Combat Engineer Badge” and other medals from his DD Form 214 (Report of Transfer or Discharge).

3. The applicant states, in effect, that he never received his medals listed on his DD Form 214, nor is his “Combat Engineer Badge” listed on his DD Form 214, dated 24 November 1966. He further states that he served over one year in the Republic of Vietnam (RVN) as a Combat Engineer and was involved in action with Company E, 65th Engineer Battalion. In addition, he states that he is being treated for brain cancer at the Bronx Veterans Administrative Medical Center, uses a wheelchair and wants to leave an accurate military history for his wife and children.

4. The applicant’s military records show that he was inducted into the Army of the United States on 2 December 1965. He completed training and was awarded military occupational specialty (MOS) 12A10, Combat Engineer, and assigned to Company B, 65th Engineer Battalion, 25th Infantry Division, Schofield Barracks, Hawaii. The battalion deployed to the RVN, with Company B arriving there on 17 January 1966. He served in the RVN with Company B from January-March 1966, then was reassigned to Company E on/about 20 March 1966.

5. On 24 November 1966, the applicant returned to the United States and, on the same date, he was honorably separated from active duty. He was credited with 1 year, 11 months and 22 days of active military service. The highest rank he attained was pay grade E-2.

6. At the time of his separation, the applicant's DD Form 214 listed his authorized awards as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Commendation (sic) Medal, and the Sharpshooter Qualification Badge with Rifle Bar. The Vietnam Commendation Medal does not exist; based on a review of the applicant's records, the Vietnam Commendation Medal is actually the Vietnam Campaign Medal.

7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Participation Register) shows that the units to which the applicant was assigned were awarded: the Valorous Unit Award for the period of January to April 1966, based on Department of the Army General Orders (DAGO) 20, dated 1967; the RVN Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968, based on Department of the Army General Orders (DAGO) 48, dated 1971; and the RVN Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders (DAGO) 51, dated 1971.


8. The applicant's record also shows that he participated in two campaign periods while serving in Vietnam -- Vietnam Counteroffensive, ending 30 June 1966; and Counteroffensive Phase II, ending 31 May 1967. Army Regulation 800-8-22 provides that a bronze service star is authorized for wear on the Vietnam Service Medal for each campaign participation.

9. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. The applicant is entitled to two bronze service stars for wear on his Vietnam Service Medal based on his participation two campaign periods during his service in the RVN from January to November 1966. These awards should also be added to his DD Form 214. He is also entitled to one OSB.

2. A review of Department of the Army publications concerning unit awards shows that, during the time the applicant was assigned to the RVN, the units to which he was assigned were awarded the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation. These awards should also be added to his DD Form 214.

3. There is no such award as the Combat Engineer Badge.

4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214):


         a. Deleting the Vietnam Commendation Medal; and

         b. Adding the Vietnam Campaign Medal; two bronze service stars for wear on his Vietnam Service Medal; one OSB; the Valorous Unit Award; the RVN Gallantry Cross with Palm Unit Citation; and the RVN 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 MVT ENA GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  _ Fred N. Eichorn______
                  CHAIRPERSON



INDEX

CASE ID AR2002081648
SUFFIX
RECON
DATE BOARDED 20030715
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PART
REVIEW AUTHORITY
ISSUES 1. A107.00
2. A107.0079
3. A107.0033
4. A107.0073
5. A107.0094
6. A107.0095

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