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ARMY | BCMR | CY2002 | 2002082730C070215
Original file (2002082730C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002082730


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Hubert O. Fry 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 that his report of separation (DD Form 214) be corrected to reflect his award of the Bronze Star Medal (BSM).

3. The applicant states, in effect, that he was awarded the BSM for service in Vietnam from 13 December 1967 to 24 June 1968 and it was never included on his DD Form 214. In support of his application he submits a photocopy of a BSM Certificate.

4. The applicant’s military records show that he was inducted in Atlanta, Georgia, on 27 July 1966. He completed his training at Fort Campbell, Kentucky, and remained assigned to Fort Campbell.

5. On 14 December 1967, he was transferred with his unit to Vietnam and was initially assigned the duties of an ammunition storage helper and then an automatic rifleman. He was advanced to the pay grade of E-4 on 20 April 1968 and departed Vietnam on 15 August 1968 for Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 11 months and 16 days of total active service and had 33 days of lost time due to being absent without leave (AWOL) and confinement. His DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge. The applicant participated in four campaigns while in Vietnam.

6. The photocopy of the BSM Certificate submitted by the applicant indicates that on 4 November 1968, the applicant was awarded the BSM for meritorious achievement in Vietnam during the period of 13 December 1967 to 24 June 1968.

7. In the processing of this case a staff member of the Board researched unit records at the National Archives in College Park, Maryland, in an attempt to locate orders, which authorized the applicant the award of the BSM. No such orders could be located to substantiate the validity of the BSM Certificate; however, it was determined that the commander who signed the award certificate was in fact the correct commander during the period in question.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that a bronze service star is authorized to be worn on the Vietnam Service Medal (VSM) for each campaign in which credit is awarded. That regulation also provides that awards made by the President, the Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

9. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation for service in Vietnam during the period the applicant was assigned.

CONCLUSIONS:

1. The Board has noted the applicant's contention that he was awarded the BSM for service in Vietnam and while the orders are not present in the available records; the Board finds it reasonable to presume that he was in fact awarded the BSM and that an administrative error resulted in it not being filed in his records or properly recorded because he had already been REFRAD by the time it was awarded. Accordingly, the applicant's records should be corrected to reflect the award of the BSM.

2. The Board also finds that the applicant is authorized awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.

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

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that he was awarded the BSM and by awarding the individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and four bronze service stars for wear on his already awarded VSM.

BOARD VOTE:

__fe ____ ___hof __ __mt____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____Fred N. Eichorn _____
                  CHAIRPERSON



INDEX

CASE ID AR2002082730
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/06/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 60 107.0014/BSM
2. 140 107.0094/RVNGC
3. 141 107.0095/RVNCAHM
4.
5.
6.


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