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ARMY | BCMR | CY2003 | 2003085447C070212
Original file (2003085447C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2003085447


         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. William Blakely Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.. Chairperson
Mr. Stanley Kelley . Member
Ms. Gail J. Wire 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 his separation document (DD Form 214) be corrected by adding the Army Commendation Medal (ARCOM) and Air Medal (AM).

3. The applicant states, in effect, that the ARCOM and AM he earned are not included in the list of earned awards on his separation document (DD Form 214) and he needs them added at this time. In support of his application, he provides copies of his DD Form 214 , and ARCOM and AM award certificates.

4. The applicant’s military records show that on 22 March 1968, he entered the Army for 2 years. He was trained in, awarded, and served in military occupational specialty (MOS) 11C (Indirect Fire Crewman). He continuously served on active duty for 1 year, 11 months, and 29 days, until being honorably separated on 20 March 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four/E-4. It also confirms that he served in the RVN from 2 September 1968 to 23 August
1969, and that he was assigned to Company C, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division.

6. The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of General Orders (GO) Number 4247, dated 25 July 1969, issued by Headquarters, 4th Infantry Division, RVN, which awarded the applicant the ARCOM. The MPRJ also contained a copy of GO Number 58, dated 16 March 1970, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Carson, Colorado, which awarded the applicant the Army Good Conduct Medal (AGCM).

7. The DD Form 214 issued to the applicant on the date of his separation shows that he earned the following awards during his tenure on active duty: National Defense Service Medal; Vietnam Service Medal (VSM) with 1 bronze service star; Combat Infantryman Badge; and Republic of Vietnam (RVN) Campaign Medal with 60 device.

8. The applicant provides a copy of an AM award certificate, dated 30 June 1969, that indicates he was awarded the AM for meritorious achievement while participating in aerial flight in the RVN during the period 15 September 1968 to 10 May 1969.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that during his tenure of assignment in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS
:

1. The Board notes the applicant’s contention that his DD Form 214 should corrected by adding the ARCOM and AM to the list of awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), and it finds this claim has merit.

2. The evidence of record confirms that orders were published awarding the applicant the ARCOM. In addition, the Board finds the AM certificate provided by the applicant is consistent with his service in the RVN and it has no reason to doubt its validity. Thus, the Board concludes that it would be appropriate to add these awards to his separation document at this time.

3. During the review of this case, the Board also found that the applicant is entitled to other awards that were not included in his record. The record confirms that orders were published awarding the applicant the first award of the AGCM, for his honorable period of qualifying service from 22 March 1968 through
21 March 1970. It also shows that based on his unit service in the RVN during qualifying periods, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, it concludes that it would also be appropriate to add these awards to his record at this time.

4. 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 for the individual concerned be corrected by amending Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 20 March 1970, by adding the Army Commendation Medal, Air Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:

__ST__ ___GW__ ___RO_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Conner, Jr.
                  CHAIRPERSON



INDEX

CASE ID AR2002085447
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 66 107. 0020
2. 102 107. 0056
3.
4.
5.
6.


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