PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2003085589


         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. John N. Slone		Chairperson
Mr. Roger W. Able		Member
Ms. Regan K. Smith		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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3. The applicant states that the Army Commendation Medal (First Oak Leaf Cluster) should be shown on his DD Form 214. He claims that he should be able to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. In support of his application, he submitted a copy of his DD Form 214; a DA Form 1577 (Authorization for Issuance of Awards); a letter authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star; and a letter of transmittal for award of the Army Commendation Medal with "V" Device.

4. The applicant’s military records show that he was inducted into the Army on 4 January 1967. He completed the required training and served as a rifleman in Vietnam.

5. Headquarters, 1st Infantry Division General Order Number 5284, dated 5 June 1968 awarded the applicant the Soldier's Medal for action on 13 August 1967 in the Republic of Vietnam.

6. The applicant was awarded the Army Commendation Medal with "V" Device for action on 29 January 1968 by Headquarters, 1st Infantry Division General Orders 2610, dated 23 March 1968.

7. There are no orders which show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster). His DA Form 20 (Enlisted Qualification Record) shows the Army Commendation Medal with "V" Device in item 41 (Awards and Decorations).

8. The applicant's DD Form 214 shows entitlement to the Army Commendation Medal with "V" Device.

9. The applicant provided a letter, dated 29 October 1968 authorizing him to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star presented to him by the Government of the Republic of Vietnam.

10. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Company C, 1st Battalion, 16th Infantry in Vietnam from 29 July 1967 until he returned to the continental United States in June 1968 after being credited with participation in three campaigns.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

12. Department of the Army Pamphlet 672-3 also shows that the 1st Battalion, 16th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

13. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

14. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Vietnam Cross of Gallantry as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

15. 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.

CONCLUSIONS:

1. The applicant's DD Form 214 currently reflects the Army Commendation Medal with "V" Device. There are no orders which show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster). Therefore, there is no basis for correcting the applicant's DD Form 214 to show award of the Army Commendation Medal (First Oak Leaf Cluster).

2. The evidence of record shows the applicant was authorized to receive and wear a personal award of the Republic of Vietnam Gallantry Cross with Bronze Star. Therefore, his records should be corrected to show the Republic of Vietnam Gallantry Cross with Bronze Star.

3. The Board notes that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show these foreign unit awards.

4. The Board notes that the applicant was awarded the Soldier's Medal; however, this decoration is not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show the Soldier's Medal.

5. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in three campaigns of the Vietnam War. Therefore, in accordance with the governing regulation, the applicant is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these awards.

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:

a. by adding award of the Republic of Vietnam Gallantry Cross with Bronze Star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Soldier's Medal on the applicant's DD Form 214; and

b. by showing he was authorized to wear three bronze service stars on his Vietnam Service Medal.





2. That so much of the application as it relates to award of the Army Commendation Medal (First Oak Leaf Cluster) be denied.

BOARD VOTE:

JNS____ RWA_____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085589
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030821
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.	107.0000
2.
3.
4.
5.
6.