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Decision Text

ARMY | BCMR | CY2003 | 2003086879C070212
Original file (2003086879C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003086879


         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. Gerard W. Schwartz Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal, a second award of the Army Commendation Medal, Presidential Unit Citation, Valorous Unit Award and Meritorious Unit Commendation.

3. The applicant states that his DD Form 214 never reflected the proper awards or decorations. In support of his application, the applicant provided a DD Form 214, Bronze Star Medal Certificate and General Orders awarding the Army Commendation Medal.

4. The applicant’s military records show that he entered active duty on 14 April 1970 for 2 years. His record shows that he completed training in Military Occupation Specialty (MOS) 71B (Clerk Typist). The applicant was separated from active duty on 5 November 1971 with a characterization of service of honorable. The highest grade he achieved was E-4.

5. The applicant was assigned to three different units while stationed in Vietnam from 11 September 1970 through 5 November 1971. The units were:

11th GS Aviation Company, 1st Cavalry Division
(22 September 1970 to 14 January 1971)

150th Transportation Detachment, 1st Cavalry Division
(15 January 1971 to 10 April 1971)

Detachment 1, 229th Aviation Battalion, 1st Cavalry Division
(11 April 1971 to 5 November 1971)

6. The applicant’s records contain a single DD Form 214 which covers the applicant’s service in Vietnam. This DD Form 214 does not show award of the Bronze Star Medal, second award of the Army Commendation Medal, Presidential Unit Citation, Valorous Unit Award and Meritorious Unit Commendation in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

7. There are orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal (1st Cavalry Division General Orders 6002, dated 21 March 1971) and two awards of the Army Commendation Medal (1st Cavalry Division General Orders 6019, dated 21 March 1971, and 3d Brigade, 1st Cavalry Division General Orders 2552, dated 25 December 1971).





8. There is no evidence in his records that the units in which he served in Vietnam were awarded the Presidential Unit Citation, Valorous Unit Award or Meritorious Unit Commendation. His DA Form 20 (Enlisted Qualification Record) does not show these unit awards in item 41 (Awards and Decorations).

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the units, to which the applicant was assigned during his period of service in Vietnam were not authorized the Presidential Unit Citation, Valorous Unit Award and Meritorious Unit Commendation.

10. The Board noted that the applicant is eligible for foreign unit awards not shown on his DD Form 214.

11. Department of the Army Pamphlet 672-3 lists the foreign unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

CONCLUSIONS:

1. The Board considered the applicant’s request for correction of his DD Form 214 to reflect the awards to which he is entitled and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel and medical records.

2. General Orders show the applicant is entitled to award of the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this decoration.

3. General Orders show the applicant is entitled to two awards of the Army Commendation Medal, correctly identified as the Army Commendation Medal (First Oak Leaf Cluster). Therefore, he is entitled to correction of his records to show this decoration.

4. The Board noted there is no evidence of record which shows that the applicant was authorized the Presidential Unit Citation, Valorous Unit Award and Meritorious Unit Commendation. Further, research of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units to which the applicant was assigned in Vietnam were not cited for these unit awards. Therefore, there is insufficient evidence upon which to base correction of the applicant's DD Form 214 to show these unit awards.

5. General Orders show the applicant is entitled to the Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal, Army Commendation Medal (First Oak Leaf Cluster) and the Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as pertains to the award of the Presidential Unit Citation, Valorous Unit Award and Meritorious Unit Commendation is denied.

BOARD VOTE:

__RVO__ __JEA__ __LMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________RVO______________
                  CHAIRPERSON




INDEX

CASE ID AR2003086879
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030814
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 117.0000.0000
2.
3.
4.
5.
6.


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