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ARMY | BCMR | CY2002 | 2002083125C070215
Original file (2002083125C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2003
         DOCKET NUMBER: AR2002083125


         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. Joseph A. Adriance 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, in effect, that he be awarded the Combat Action Ribbon.

3. The applicant states, in effect, that he served with Headquarters and Headquarters Company (HHC), 3rd Brigade, 4th Infantry Division, in the Republic of Vietnam (RVN), from October 1966 through September 1967, and as a result should qualify for the requested award.

4. The applicant’s military records show that he initially entered the Army on
26 March 1965, and continuously served on active duty until being honorably discharged on 7 October 1969. He was trained and served in military occupational specialty (MOS) 94B (Cook).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 22 September 1966 through 21 September 1967. During his tour in the RVN, he was assigned to HHC, 3rd Brigade, 4th Infantry Division and served as a cook from 22 September 1966 through 30 April 1967; and to HHC, 4th Transportation Command, United States Army Pacific (USARPAC) serving as a wheel vehicle mechanic from 1 May through 15 September 1967.

6. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty tenure, he earned the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

7. On 7 October 1969, the applicant was discharged under the provisions of chapter 6, Army Regulation 635-200, by reason of hardship. At the time of his separation, he had completed a total of 4 years, 3 months, and 1 days of creditable active military service, and he had accrued 101 days of time lost.

8. Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969. It is awarded to members of the U.S. Navy, U.S. Marine Corps, and U.S. Coast Guard operating under the control of the U.S. Navy in
the grade of 0-6 and below who have actively participated in ground or surface combat. The Department of Defense Instruction lists the actions for which
the Combat Action Ribbon is authorized beginning with Southeast Asia in 1961 and ending with Operation Desert Storm in 1991.

9. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-13 contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated.

10. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for unit awards earned during the Vietnam Conflict. It confirms that during the applicant’s tenure of assignment in the RVN, his units earned the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation; and RVN Civil Actions Honor Medal First Class Unit Citation. It also verifies that he was credited with participation in the Vietnam Counteroffensive, Phase II and Vietnam Counteroffensive, Phase III campaigns while serving in the RVN.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the Combat Action Ribbon based on his service in the RVN. However, this award is not now nor ever has been an authorized Army award. It is authorized only for members of the U.S. Navy, U.S. Marine Corps, and U.S. Coast Guard under the control of the U.S. Navy. Thus, the Board finds no basis for granting this requested relief.

2. During its review of this case, the Board did discover that the applicant was entitled to the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his unit service in the RVN, and to two bronze service stars with his Vietnam Service Medal based on his campaign participation. Thus, the Board concludes that it would be appropriate to add these awards to his record at this time.

3. 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 be corrected by showing that the individual concerned earned the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his unit service in the RVN; by showing that he is entitled to two bronze service stars for his Vietnam Service Medal based on his campaign participation; and by providing him a corrected separation document that reflects these changes.


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

BOARD VOTE:

___fe ___ ___mt___ __le_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn_____
                  CHAIRPERSON



INDEX

CASE ID AR2002083125
SUFFIX
RECON
DATE BOARDED 2003/04/10
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1969/10/07
DISCHARGE AUTHORITY AR 635-200 C6
DISCHARGE REASON Hardship
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.


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