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Decision Text

ARMY | BCMR | CY2003 | 2003088061C070403
Original file (2003088061C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 06 NOVEMBER 2003
         DOCKET NUMBER: AR2003088061


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Raymond J. Wagner Member
Ms. Mae M. Bullock 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 that his record be corrected to show the awards that he received.

3. The applicant states that he received multiple medals and awards that were omitted from his DD Form 214 (Report of Transfer or Discharge).

4. The applicant’s military records show that the applicant enlisted in the Army for three years on 30 June 1969. He was awarded the Marksman Marksmanship Qualification Badge with rifle bar at Fort Benning, Georgia on 22 August 1969. He completed training as an amphibious operator at Fort Story, Virginia. He was discharged on 10 March 1970 and immediately reenlisted in the Army for three years the following day. His 10 March 1970 DD Form 214 shows award of the National Defense Service Medal.

5. The applicant was AWOL from 2 October 1970 to 6 October 1970 for which he received nonjudicial punishment under Article 15, Uniform Code of Military Justice. Shortly thereafter he was assigned to the 1099th Transportation Company in Vietnam. The applicant served in Vietnam from 14 October 1970 to
10 December 1971, participating in three campaigns. The 1099th was awarded the Republic of Vietnam Cross of Gallantry Unit Citation with Palm for its actions while the applicant was assigned to that organization. During his tour in Vietnam, he was AWOL from 6 March 1971 to 9 May 1971.

6. He returned to the United States and in January 1972 was assigned to the 305th Transportation Company at Fort Story. He was AWOL from 25 January 1972 to 22 February 1972, and again from 23 February 1972 to 27 November 1972.

7. The applicant requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. His request was approved. He was discharged under other than honorable conditions on 29 December 1972. He had over 2 years of service and 372 days of lost time. His DD Form 214 shows awards of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 60 device.

CONCLUSIONS:

1. The applicant's award of the National Defense Service Medal should be shown on his 29 December 1972 DD Form 214. He was awarded the Marksman Marksmanship Qualification Badge with rifle bar. That award should be reflected on his 29 December 1972 DD Form 214.

2. The applicant participated in three campaigns during his tour in Vietnam. He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign). He is also entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

___SK __ __RJW __ __MMB _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Stanley Kelley______
                  CHAIRPERSON




INDEX

CASE ID AR2003088061
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031106
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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