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Decision Text

ARMY | BCMR | CY2003 | 2003086487C070212
Original file (2003086487C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2003086487


         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. Luis Almodova Analyst

         The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas D. Howard Member
Mr. Thomas Lanyi 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 Vietnam Service Medal.

3. The applicant states, in effect, that he was a medical specialist with an artillery unit attached to the 1st Cavalry Division from August 1965 to 18 or 19 November 1965 and for some reason the Vietnam Service Medal does not appear on his DD Form 214, Report of Transfer or Discharge.

4. The applicant’s military records show that he was inducted into the Army of the United States on 21 November 1963. He completed basic combat training at Fort Polk, Louisiana, and advanced individual training at Fort Sam Houston, Texas. Upon completion of all required training, he was awarded the military occupational specialty, 91A (Medical Corpsman).

5. He was assigned to Headquarters Battery, 2nd Howitzer Battalion, 17th Artillery, Fort Sill, Oklahoma, as his first duty station, on 5 April 1964.

6. The applicant was assigned to Vietnam with his unit as part of a unit move and arrived there on 17 August 1965. The applicant served with that unit until 18 November 1965 when he was returned to the United States for release from active duty.

7. While with Headquarters Battery, 2nd Howitzer Battalion, 17th Artillery, the applicant participated with his unit in the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965.

8. The applicant was honorably released from active duty on 22 November 1965 under the provisions of Army Regulation 635-200 in the rank and pay grade of Specialist Four, E-4, with 2 years and 2 days active Federal service.

9. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Good Conduct Medal (First Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.


11. The above regulation provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

12. The same regulation provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13. The regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

14. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour of duty in Vietnam, Headquarters Battery, 2nd Howitzer Battalion, 17th Artillery, was cited for award of the Presidential Unit Citation for the period 23 October 1965 through 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974. The applicant was assigned to the unit at the time the unit was cited for these awards.

CONCLUSIONS:

1. The applicant's contentions have merit. He served in Vietnam more than one day and is therefore entitled to award of the Vietnam Service Medal.

2. The applicant participated in one campaign with his unit while he served in Vietnam. He is therefore entitled to award of one bronze service star to be affixed to his Vietnam Service Medal.

3. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 21 November 1963 through 22 November 1965. This award should be added to his DD Form 214 at this time.

4. The applicant served in a unit during his tour of duty in Vietnam that was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. He is therefore entitled to have these unit awards added to his DD Forms 214.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by awarding the applicant the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, and that these awards be added to his DD Form 214.

BOARD VOTE:

__tdh____ ___js ___ ___tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2003086487
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/07/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 119 107.0073/VNSM
3. 115 107.0069/NDSM
4. 77 107.0031/PUC
5. 140 107.0094/RVNGC
6.



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