Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088570C070403
Original file (2003088570C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003088570

         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Christopher J. Prosser Member
Mr. John T. Meixell 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, in effect, that the Silver Star (SS) he was awarded be added to his separation document (DD Form 214).

3. The applicant states, in effect, that his DD Form 214 does not show that he earned the SS. He states that he was issued the SS on 30 April 1969 and he requests that this award be added to his separation document.

4. The applicant’s military records show that he was inducted into the Army of the United States on 10 March 1967 and entered active duty on 21 September 1967. He was trained and served in military occupational specialty (MOS) 12B (Combat Engineer) and the highest rank he attained while serving on active duty was specialist five (SP5).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) and served with the 4th Engineer Battalion, 4th Infantry Division, from 28 June 1968 through 22 March 1969. The record further shows that the applicant was wounded in action on 6 March 1969, and was awarded the Purple Heart. It also shows that as a result of this wound, he was medically evacuated from the RVN on 23 March 1969.

6. On 25 July 1969, the applicant was honorably released from active duty (REFRAD), by reason of expiration of term of service (ETS) after completing
2 years, 2 months, and 7 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to him upon his separation listed the following awards: National Defense Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Purple Heart; Vietnam Service Medal; Expert Marksmanship Qualification Badge with Rifle Bar; and 1 Overseas Bar.

7. The applicant provides a copy of a SS Certificate that indicates he was awarded the SS for gallantry in action in the RVN on 5 and 6 March 1969. In connection with the processing of this case, a member of the Board staff contacted officials of the Total Army Personnel Command (PERSCOM) Awards Branch and requested that a review of the SS award orders file be conducted to determine if orders awarding the applicant the SS had ever been published. This search produced a copy of General Orders Number 1313, dated 23 April 1969, which awarded the applicant the SS for gallantry in action while engaged in military operations against an armed hostile force in the RVN on 5 and 6 March 1969.


8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN. Appendix B confirms that based on the tenure of his assignment in the RVN, the applicant was credited with participation in the following four campaigns: Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI, and
TET 69 Counteroffensive.

9. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (4th Engineer Battalion) earned the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the SS he earned was omitted from his separation document in error, and it finds this claim has merit. The evidence of record confirms that the applicant was awarded the SS for gallantry in action in the RVN on 5 and 6 March 1969. Thus, the Board concludes that it would be appropriate to add this award to his record at this time.

2. During its review of this case, the Board also discovered that based on his campaign participation in the RVN, the applicant is entitled to four bronze service stars with his Vietnam Service Medal. Further, based on his unit service in the RVN, he is entitled to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. As a result, the Board finds that these awards should also be added to his record at this time.

3. 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 earned the Silver Star Medal; that based on his campaign participation and service in the RVN, he is entitled to
4 bronze service stars with his Vietnam Service Medal, and the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__JM__ __SK__ __CP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Stanley Kelley
         CHAIRPERSON




INDEX

CASE ID AR2003088570
SUFFIX
RECON
DATE BOARDED 2003/09/DD
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1969/07/25
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON ETS
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. Awds 107.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120004475

    Original file (20120004475.txt) Auto-classification: Approved

    For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Army Regulation 635-5 states " all decorations, service medals, campaign credits, and badges awarded or authorized " will be shown on DD Form 214. Therefore, the entry in item 24 of his DD Form 214 for the period ending 3 October 1972 should read the: * Silver Star (2nd Award) * Purple Heart (2nd Award) *...

  • ARMY | BCMR | CY2003 | 2003088647C070403

    Original file (2003088647C070403.rtf) Auto-classification: Approved

    There are also no other award orders or other documents on file in the MPRJ that indicate that the applicant was ever recommended for or awarded the BSM with “V” Device while serving in the RVN. Paragraph 6-5 of the awards regulation contains guidance on the “V” Device. However, although the record confirms he was awarded the BSM for meritorious service, it contains no evidence to indicate that he received the “V” Device with this award or with any other award he received during his tenure...

  • ARMY | BCMR | CY2002 | 2002073256C070403

    Original file (2002073256C070403.rtf) Auto-classification: Approved

    The DD Form 214 dated 24 December 1969, issued to the applicant on the date of his separation from the Army lists a SSAN in Item 3 (Social Security Number) which shows the ninth digit as a “0”. However, the Board finds that there is insufficient evidence to support awarding the applicant the CMB. That all of the Department of the Army records related to this case for the individual concerned be corrected by amending the entry contained in Item 3 (Social Security Number) by changing the...

  • ARMY | BCMR | CY2011 | 20110006299

    Original file (20110006299.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 to him adding the following to item 24 of his DD Form 214: * BSM * ARCOM * NDSM * VSM...

  • ARMY | BCMR | CY2012 | 20120000963

    Original file (20120000963.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) his conduct and efficiency rating were “excellent.” There is no evidence to show the commander took any action to deny him the Army Good Conduct Medal. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that...

  • ARMY | BCMR | CY2012 | 20120003620

    Original file (20120003620.txt) Auto-classification: Approved

    The applicant requests, in effect, to amend his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add bronze service stars to his Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation. The applicant's record contains a series of separation documents which cumulatively show he was awarded the following: * Army of Occupation Medal with Germany clasp * National Defense Service Medal with one bronze...

  • ARMY | BCMR | CY2006 | 20060008649C071029

    Original file (20060008649C071029.doc) Auto-classification: Approved

    The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...

  • ARMY | BCMR | CY2005 | 20050003400C070206

    Original file (20050003400C070206.doc) Auto-classification: Denied

    Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. Records show the applicant should have discovered the alleged error or injustice related to the MUC and RVN Civil Actions Honor Medal First Class Unit Citation now under consideration on 2 May 1969, the date of his separation. Therefore, the Board requests that...

  • ARMY | BCMR | CY2005 | 20050006501C070206

    Original file (20050006501C070206.doc) Auto-classification: Denied

    The applicant requests in effect, award of the Purple Heart (PH) and the addition of a Certificate of Achievement and Certificate of Appreciation to his separation document (DD Form 214). Item 41 (Awards and Decorations) does not include the PH in the list of authorized awards entered. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit...

  • ARMY | BCMR | CY2009 | 20090019063

    Original file (20090019063.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards: * National Defense Service Medal * BSM * Army Commendation Medal (1st Oak Leaf Cluster) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Vietnam Service Medal * Two Overseas Service Bars 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals...