PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003086940

         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. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Mr. Harry B. Oberg		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 his military records be corrected to show he received two awards of the Purple Heart (PH), two awards of the Army Commendation Medal (ARCOM), and the Air Medal (AM) (2nd Award).

3. The applicant states, in effect, that the list of authorized awards contained in Item 24 (Decorations, Medals, Badges , Commendation, Citations, and Campaign Ribbons) of his separation document (DD Form 214) does not include the following awards he earned while serving on active duty: PH 1st Oak Leaf Cluster (OLC); ARCOM 1st OLC; and AM (2nd Award). In support of his application, he submits a copy of his DD Form 214, two PH certificates, an ARCOM 1st OLC certificate, an AM citation and certificate, and PH and AM orders.

4. The applicant’s military records show that that he entered the Army on
23 July 1968. He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and he continuously served on active duty for 2 years, 9 months, and 19 days until being honorably separated on
19 May 1971. At the time of his separation, he held the rank of private first class (PFC).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 24 May 1969 to 25 April 1970. During this tour, he was assigned to Company C , 3^rd Battalion, 60^th Infantry Regiment, 9^th Infantry Division, and performed duties in MOS 11B.

6. The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation shows that during his active duty tenure he earned the following awards: ARCOM; AM; National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; RVN Civil Actions Honor Medal 1st OLC; and Combat Infantryman Badge.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number (#) 27, dated 2 March 1970, and GO # 49, dated
2 April 1970, both issued by Headquarters, 3^rd Brigade, 9^th Infantry Division, RVN. GO # 27 awarded the applicant the PH, for wounds he received in connection with military operations against a hostile force on 4 February 1970, and GO # 49, awarded the applicant the PH, for wounds he received in connection with military operations against a hostile force on 12 March 1970. In addition, his MPRJ contains a copy of GO # 2004, dated 22 May 1970, issued by Headquarters, II Field Force Vietnam, which awarded the applicant the AM (Second Award), for meritorious achievement while participating in sustained aerial flight during the period 2 November 1969 through 29 January 1970.

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8. The applicant provided a copy of an unofficial ARCOM award citation that shows he was awarded the ARCOM 1st OLC, for meritorious service in ground operations against hostile forces in the RVN during the period 20 May 1969 to
10 September 1969. However, the applicant’s MPRJ contained a copy of
GO # 3987, dated 12 November 1969, issued by Headquarters, II Field Force Vietnam, which awarded him the ARCOM for meritorious achievement in ground operations against hostile forces in the RVN during the period 20 May to
10 September 1969.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Table B-1 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that the applicant participated in the following four campaigns during his tenure in the RVN: TET 69 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

10. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units between 8 February 1962 to
28 March 1973.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that that his military records be corrected to show the PH 1st OLC, AM (2^nd Award), and the ARCOM 1st OLC. However, it finds evidence to support adding only the PH 1st OLC and AM
(2nd Award).

2. The evidence of record includes a copy of GO # 49, which awarded the applicant the second award of the PH for being wounded in action on 12 March 1970. It also includes a copy of GO # 2004, which awarded the applicant the AM (Second Award) for meritorious achievement while participating in sustained aerial flight during the period 2 November 1969 through 29 January 1970. Thus, the Board finds it would be appropriate to add these awards to his record at this time.

3. Although the unofficial ARCOM certificate provided by the applicant indicates he was awarded the ARCOM 1st OLC for meritorious service for the period
20 May 1969 to 10 September 1969, the evidence of record confirms that he earned the ARCOM for meritorious achievement for the period 20 May to
10 September 1969. There are no orders or other documents on file in the applicant’s MPRJ that indicate that he was ever recommended for or awarded the ARCOM 1st OLC. Therefore, the Board finds there is an insufficient evidentiary basis to add the ARCOM 1st OLC to his record at this time.

4. During the review of this case, the Board did discover that based on his tenure of assignment in the RVN, he was credited with participating in three campaigns, which entitles him to 3 bronze service stars with his Vietnam Service Medal; and he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, the Board also concludes that it would be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that during his tenure on active duty, the individual concerned earned the Purple Heart 1st Oak Leaf Cluster and Air Medal (Second Award); by showing that based on his service in the RVN, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to 3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__HBO___ __TL__ __AO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086940
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. 61	107.0015
2. 64	107.0018
3. 66	107.0020
4.
5.
6.