MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2003086405

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Lester Echols		Member
Mr. Frank C. Jones		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: In effect, that he be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with all his awards and decorations listed.

APPLICANT STATES: In effect, that he was awarded the Reserve Component Achievement Medal and the National Guard Achievement Medal. He never received these awards. He is also authorized to wear three bronze service stars on the Vietnam Service Medal.

EVIDENCE OF RECORD: The applicant's military records (from his service in the Army of the United States only) show:

He was inducted into the Army on 15 October 1964. He was assigned to the 647th Quartermaster Company when it was transferred to Vietnam on or about 15 September 1965. He was reassigned to the 53d Supply Company on 24 July 1966. He departed Vietnam on 20 August 1966 after receiving participation credit for three campaigns.

On 24 August 1966, the applicant was honorably released from active duty. His DD Form 214 showed that his Reserve obligation ended 14 October 1970. It showed that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Army Good Conduct Medal, and the Sharpshooter Qualification Badge with Rifle bar.

The applicant apparently served with a unit in the U. S. Army Reserve (USAR) and possibly in the Army National Guard (ARNG) for an unknown period of time.
A letter from the U. S. Army Administration Center, dated 10 July 1969, to the applicant's last known address informed him that failure to furnish the Center with his current address could result in a general discharge.

In 1969, the applicant's DD Form 214 was amended to add the Republic of Vietnam Campaign Medal.

Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

Army Regulation 635-5 states that once a DD Form 214 is issued, it will not be reissued except when directed by proper appellate authority, Executive Order, or by the Secretary of the Army; when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) or if the correction would require issuances of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.

Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Army Reserve Components Achievement Medal (ARCAM) was established on 3 March 1971. It is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR troop program unit (TPU) or as an individual mobilization augmentee (IMA). Until 1995, individuals must have completed 4 years of qualifying service on or after 3 March 1972 with a Reserve Component unit. The unit commander is the approval authority for award of the ARCAM for ARNG units and USAR TPU soldiers. The U. S. Army Reserve Personnel Commander (or, in its previous designations, the U. S. Army Reserve Personnel Center, the Reserve Components Personnel and Administration Center, and the U. S. Army Administration Center) is the approval authority for award of the ARCAM to USAR IMA soldiers. Orders are not required; an approved ARCAM is announced using official memorandum.

Army Regulation 600-8-22 also states, in pertinent part, that a bronze service star is authorized for wear on the appropriate service medal for each credited campaign.

Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. There is a regulatory prohibition against re-issuing a DD Form 214 except under certain limited circumstances. The applicant does not meet any of those circumstances. Therefore, a replacement DD Form 214 cannot be issued to him.

3. Although there is evidence of record to show the applicant served in the USAR and possibly also the ARNG after his separation from active duty, his Reserve component records are not available. It cannot be determined when he separated from the Reserve Components or if he served during a period that may have qualified him for award of the ARCAM from either the USAR or the ARNG. He provides no official memorandum to show he was awarded the ARCAM.

4. Furthermore, the ARCAM would not have been authorized for entry on the applicant's DD Form 214. The DD Form 214 is meant to provide a brief record of active Army service at the time of release from active duty. The applicant would have been awarded the ARCAM after he was released from active duty.

5. The applicant is authorized to wear three bronze service stars on the Vietnam Service Medal. All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he also is authorized to wear this unit award. His DD Form 214 should be administratively amended to reflect these facts.

6. Since correction of the applicant's DD Form 214 to add additional awards will result in only two DD Forms 215 being prepared, he still would not meet the regulatory requirement to re-issued his DD Form 214.

7. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear three bronze service stars on the Vietnam Service Medal. Request the applicant then be provided a copy of his DD Form 214 and both DD Forms 215.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__lls___ __le____ _fcj ____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2003086405
SUFFIX
RECON
DATE BOARDED	20030529
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	110.04
2.	107.00
3.
4.
5.
6.