PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003086593


         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. Arthur A. Omartian		Chairperson
Ms. Yolanda Maldonado		Member
Mr. John P. Infante		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, that the date of his release from active duty be corrected from 16 July 1960 to 16 July 1962, that his height be changed from 5'2" to 5'10" on his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge; that his DD Forms 214 issued him on 27 April 1971 and 14 June 1974 be corrected to shown award of three Bronze Star Medals for Valor, three Republic of Vietnam Gallantry Crosses for Valor, and the Combat Infantryman Badge, which he was awarded.

3. The applicant states, in effect, that he was awarded these awards and he would like to get his records corrected before he dies.

4. The applicant provided a copy of his DD Form 214, which shows 16 July 1960 in Block 11d. (Effective Date); a copy of his DD Form 214, with an effective date of 27 April 1971; a copy of his DD Form 214, with an effective date of 14 June 1974; and a copy of a VA (Department of Veterans Affairs) Form 10-9034, Compensation and Pension Examination, dated 14 April 1997, in support of his contentions.

5. The applicant’s military records show that he enlisted in the Regular Army for three years on 29 July 1959. He completed basic combat and advanced individual training at Fort Leonard Wood, Missouri. Upon completion of all required training, he was awarded the military occupational specialty (MOS), 630.00 (Automotive Maintenance Helper).

6. On 3 March 1962, while assigned to Headquarters and Headquarters Company, 33rd Armor Battalion, in Germany, the applicant was reclassified to the MOS 112.20 (Heavy Weapons Infantryman).

7. On 16 July 1962, the applicant was honorably released from active duty, under the provision of Army Regulation (AR) 635-200, paragraph 7 (Early Release of Overseas Returnees). He was released in the rank and pay grade, Specialist Four, E-4, and on the date of his release from active duty, he had completed 2 years, 11 months, and 18 days active Federal service with no lost time. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Good Conduct Medal. Block 7e. (Height) of the applicant's DD Form 214 was corrected to read 5'10" from 5'2" and Block 11d. (Effective Date) of the applicant's DD Form 214 was corrected from 16 July 1960, to read, 16 July 1962, through preparation and distribution of a DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, by the custodian of records, on 16 August 1962. Since these items have been corrected, they will not be discussed further in these Proceedings.

8. On his release from active duty, the applicant was transferred to the US Army Reserve Control Group (Standby). The applicant's military records show that he reenlisted on 24 September 1968.

9. The applicant completed basic combat training at Fort Lewis, Washington, and advanced individual training at Fort Sill, Oklahoma. Upon completion of all required training, he was awarded the MOS, 13A (Field Artillery Basic).

10. On 12 January 1970, the applicant was assigned to the United States Military Assistance Command, Vietnam. On 2 July 1970, he was assigned to the DMAC (Delta Military Assistance Command), USAAG (US Army Advisory Group), for duty as a Light Weapons Advisor, Mobile Advisory Team IV-23. He remained with that unit until he was returned to the United States for release from active duty.

11. On 27 April 1971, the applicant was honorably released from active duty, under the provision of AR 635-200, section VII, chapter 5, Early Separation of Overseas Returnee. He was released from active duty in the rank and pay grade, Specialist Five, E-5. On his release from active duty from this enlistment, he had completed 2 years, 7 months, and 4 days active Federal service with no lost time. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Bronze Star Medal. The applicant's DD Form 214 does not show that he was awarded three Bronze Star Medals for Valor, three Republic of Vietnam Gallantry Crosses for Valor, and the Combat Infantryman Badge.

12. The applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period February 1970 to March 1971, by General Orders Number 1340, published by the United States Military Assistance Command, Vietnam, dated 25 March 1971.

13. Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, shows the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Bronze Star (an individual foreign award), and two overseas service bars. There is no indication that the applicant was awarded three Bronze Star Medals for Valor and three Republic of Vietnam Gallantry Crosses for Valor.

14. There are no orders in the applicant's service personnel records to show that he was awarded three Bronze Star Medals for Valor and three Republic of Vietnam Gallantry Crosses for Valor.

15. The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star (an individual award), by the Kien Hoa Sector Commander, on 8 April 1971. On 26 April 1971, the applicant was authorized to accept and wear this foreign award under the provisions of AR 672-5-1 by the Commander, United States Military Assistance Command, Vietnam. The applicant's service personnel record does not contain orders, translations of, or the authorization to accept and wear any other individual foreign-government-awarded awards or decorations.

16. The applicant was awarded the Combat Infantryman Badge in paragraph 26, Special Orders Number 283, United States Military Assistance Command, Vietnam, dated 10 October 1970.

17. The applicant qualified in the degree of sharpshooter with the M-14 Rifle on 29 September 1969. He was awarded the Sharpshooter Marksmanship Qualification Badge in paragraph 1, Special Orders Number 136, published by Headquarters, 3rd Battalion (155mm) (SP) [self-propelled], 30th Artillery, Fort Sill, Oklahoma, dated 8 October 1969.

18. The applicant qualified in the degree of sharpshooter with the M-16 Automatic Rifle on 8 December 1969. He was awarded the Sharpshooter Marksmanship Qualification Badge in paragraph 6, Special Orders Number 6, published by Headquarters, 3rd Battalion (155mm) (SP), 30th Artillery, Fort Sill, Oklahoma, dated 9 January 1970.

19. 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.

20. The above regulation, in pertinent part, authorizes 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. While in the Republic of Vietnam, the applicant participated in the following three campaigns: the

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Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

21. 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, shows that the unit to which the applicant was assigned during his tour of duty in Vietnam, the United States Military Assistance Command, Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

22. AR 670-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the US Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone. The applicant served in Vietnam from 12 January 1970 to 26 April 1971.

23. The applicant enlisted in the Navy on 4 November 1971 and was honorably discharged on 20 December 1971. The applicant reenlisted in the Regular Army on 28 March 1974 and was honorably discharged on 14 June 1974, in the rank and pay grade, Private First Class, E-3, under the provisions of AR 635-200, chapter 14. The DD Form 214 issued the applicant on his discharge shows the following awards and decoration in Block 26: National Defense Service Medal, Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, two overseas service bars, the Army Commendation Medal, and the Bronze Star Medal. The applicant's DD Form 214 does not show that he was awarded three Bronze Star Medals for Valor, three Republic of Vietnam Gallantry Crosses for Valor, and the Combat Infantryman Badge.

CONCLUSIONS:

1. The applicant was awarded the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar, and the Republic of Vietnam Gallantry Cross with Bronze Star (an individual foreign award). These awards are not shown on his DD Forms 214 with effective dates of 27 April 1971 and 14 June 1974. He is entitled to have these awards added to these DD Forms 214.

2. The applicant served with a unit during his tour of duty in Vietnam: the United States Military Assistance Command, Vietnam, that was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. This unit award is not shown on the applicant's DD Form 214 with an effective date 27 April 1971 and 14 June 1974. He is therefore entitled to have these unit awards added to these DD Forms 214.

3. The applicant participated in three campaigns while he was in the Republic of Vietnam. He is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. The applicant's DD Form 214 with an effective date 27 April 1971 shows only the Vietnam Service Medal. He is therefore entitled to have three bronze service stars awarded and added to his DD Form 214 with an effective date of 27 April 1971.

4. The applicant served in the Republic of Vietnam for over fifteen months. He is therefore entitled to award of two overseas service bars and to have them added to his DD Form 214 with an effective date of 27 April 1971.

5. There is no evidence that the applicant was awarded three Bronze Star Medals for Valor while he was assigned in Vietnam. The lone Bronze Star Medal that the applicant received was awarded for meritorious service.

6. The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star (an individual award) by the Kien Hoa Sector Commander. There is no evidence that the applicant was awarded an additional two Republic of Vietnam Gallantry Crosses for Valor while he served in Vietnam.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

a. adding the already-awarded Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar, the Republic of Vietnam Gallantry Cross with Bronze Star (an individual foreign award), and the Republic of Vietnam Gallantry Cross with Palm, Unit Citation to the applicant's DD Forms 214 with effective dates of 27 April 1971 and 14 June 1974;

b. awarding the applicant three bronze service stars to be worn on his already-awarded Vietnam Service Medal and adding these to the applicant's DD Form 214 with an effective date 27 April 1971.

c. awarding the applicant two overseas service bars and adding them to his DD Form 214 with an effective date of 27 April 1971.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___ao___ ___ym___ ___jpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086593
SUFFIX
RECON
DATE BOARDED	2003/07/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2. 3	100.0200
3. 46	107.0000
4. 60	107.0014
5. 157	107.0111
6.