PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003087139


         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
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 he be awarded all medals and ribbons to which he is authorized.

3. The applicant states, in effect, that he believes he is entitled to a prisoner of war medal as evidenced by his lost time in Vietnam.

4. The applicant provided nothing beyond his Application for Correction of Military Record, DD Form 149, in support of his contentions.

5. The applicant’s military records show that he enlisted in the Regular Army for three years on 20 October 1967. He completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Belvoir, Virginia. Upon completion of all required training, he was awarded the military occupational specialty (MOS), 52B (Power Generator Equipment Operator/Mechanic).

6. On 8 July 1968, the applicant was honorably discharged for the purposes of immediate reenlistment. On 9 July 1968, the applicant reenlisted in the Regular Army for three years for duty in his MOS, 52B, and assignment to the Republic of Vietnam.

7. He was assigned to the Republic of Vietnam and arrived in country on 1 September 1968. He was assigned to B Company, Troop Command, US Army Depot, Cam Ranh Bay, and on 20 April 1969 he was assigned to the 557th Engineer Company.

8. There is no entry in Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Prisoner of War Medal was awarded him.

9. The applicant was discharged on 27 June 1969 in the rank and pay grade, Private, E-1, under the provisions of Army Regulation 635-212. He was discharge under honorable conditions and was provided a general discharge certificate. On his discharge date, he had a total of one year, six months and one day active Federal military service with 70 days lost time due to confinement and absence without leave.

10. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following during his service: the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal. The Prisoner of War Medal is not shown as an authorized award.

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11. Army Regulation 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.

12. The above regulation, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation 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 four campaigns: Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet Counteroffensive, 1969, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

13. This same regulation provides, in pertinent part, for award of the Prisoner of War Medal. The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who, in past armed conflicts, were taken prisoner or held captive in an action against an enemy of the United States while engaged in military operations involving conflict with an opposing force and while serving with friendly forces engaged in an armed conflict against an opposing force in which the United States is not a belligerent party.

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 units to which the applicant was assigned during his tour of duty in Vietnam, the US Army Depot, Cam Ranh Bay, and the 557th Engineer Company, were cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 3 August 1967 through 9 February 1970 by Department of the Army General Orders Number 43, dated 1970. These unit awards are not shown on his DD Form 214.

15. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar in Paragraph 2, Special Orders 105, published by

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Headquarters, 6th Battalion, 562nd Artillery on 26 June 1968. This qualification badge is not shown on his DD Form 214.

16. Army Regulation 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 U.S. 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.

CONCLUSIONS:

1. There is no evidence that the applicant was taken prisoner or held captive in an action against an enemy of the United States while engaged in military operations involving conflict with an opposing force and while serving with friendly forces engaged in an armed conflict against an opposing force. He is therefore not entitled to award of and to have the Prisoner of War Medal shown on his DD Form 214.

2. The applicant served in units during his tour of duty in Vietnam that were cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. He is therefore entitled to have these awards added to his DD Forms 214.

3. The applicant participated in four campaigns while he was in the Republic of Vietnam. He was awarded the Vietnam Service Medal. He is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. He is entitled to have this marksmanship qualification badge added to his DD Form 214.

5. The applicant served in the Republic of Vietnam for over nine months. He is therefore entitled to award of one overseas service bar and to have it added to his DD Form 214.

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

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RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar and adding these awards to his DD Form 214;

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

BOARD VOTE:

__jns___ __lem___ __wdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087139
SUFFIX
RECON
DATE BOARDED	20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0094
3.	107.0095
4.	107.0110
5.	107.0073
6.