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ARMY | BCMR | CY2003 | 2003085722C070212
Original file (2003085722C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF.
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2003085722

         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. Samuel A. Crumpler Chairperson
Ms. Shirley L. Powell Member
Mr. John T. Meixell 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 military records be corrected to show award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), and the 2nd Award of the Army Good Conduct Medal (AGCM).

3. The applicant states, in effect, that his separation document (DD Form 214) dated 31 October 1967, does not list the BSM, ARCOM, and the AGCM (2nd Award) as authorized awards. In support of his application, he submits copies of the following documents: DD Forms 214, dated 31 October 1967; BSM certificate; ARCOM certificate; and his retirement orders.

4. The applicant’s military records show that on 31 October 1967, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years and 24 days of active military service.

5. The DD Form 214 issued to him on 31 October 1967, confirms that at the time of his separation he held the rank chief warrant officer two (CW2), and that he was serving in specialty number 631A (Automotive Maintenance Technician).

6. The applicant’s Officer Qualification Record (DA Form 66) confirms that he completed two tours of duty in the Republic of Vietnam. The first tour was from
3 January 1965 to 2 January 1966, and he served with Headquarters and Headquarters Detachment, 39th Signal Battalion, United States Army Pacific (USARPAC). His second tour was from 23 November 1966 to 23 October 1967, and he was assigned to the Transportation Company, United States Army Vietnam (USARV). Item 21 (Awards & Decorations) shows that he earned the following awards during his tenure on active duty: National Defense Service Medal (1st Oak Leaf Cluster); Army Occupational Medal (Germany); World War II Victory Medal; Vietnam Service Medal; AGCM (2nd Award); Republic of Vietnam Campaign Medal with 60 Device; and Motor Vehicle Driver Badge with Bar. The BSM and the ARCOM are not included in this list of authorized awards.

7. The applicant’s Service Record (DA Form 24) Section 9 (Awards, Decorations, and Citations) indicates that the applicant was awarded the AGCM (2nd Award) in Special Order 23, dated 7 March 1957. In addition, his Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number 1808, dated 8 December 1965, issued by Headquarters, USARV, which awarded him the ARCOM for the period January 1965 through December 1965.

8. The applicant provides a copy of a BSM award certificate that shows that he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN during the period November 1966 through November 1967.


9. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. The policy in effect at the time of the applicant’s discharge stated that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in Item 24 of the DD Form 214. The regulation stipulated that Item 21 of the DA Form 66 would be used as the source for entries in Item 24 if the separation document.

CONCLUSIONS:

1. The Board notes the applicant’s contention that that his DD Form 214, dated
31 October 1967, should be corrected to include the BSM, ARCOM, and AGCM (2nd Award), and it finds this claim has merit.

2. The evidence of record confirms that orders were published that awarded the applicant the ARCOM and the AGCM (2nd Award). In addition, the Board finds the BSM 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. 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 31 October 1967, by adding the Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal (2nd Award); and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:

__JM__ __SLP___ __SAC_ GRANT AS STATED IN RECOMMENDATION

________ ________ ______ GRANT FORMAL HEARING

________ ________ ______ DENY APPLICATION




                  Samuel A. Crumpler
                  CHAIRPERSON





INDEX

CASE ID AR2003085722
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 60 107.0014
2. 66 107.0020
3.102 107.0056
4.
5.
6.


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