Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003088923C070403
Original file (2003088923C070403.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 November 2003
      DOCKET NUMBER:   AR2003088923


      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. Arthur A. Omartian              |    |Chairperson         |
|     |Ms. Eloise C. Prendergast           |    |Member              |
|     |Mr. Ronald E. Blakely               |    |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect,  that  his  rank  and  pay  grade  be
corrected and that the Army Commendation Medal that  he  received  while  in
Vietnam be added to his DD Form 214,  Armed  Forces  of  the  United  States
Report of Transfer or Discharge.

2.  The applicant states, in effect, that the rank and pay grade shown on
his DD Form 214 is incorrect.  The applicant contends that he was promoted
to the rank and pay grade, Specialist Five, E-5, in September 1968.  The
applicant further states that the Army Commendation Medal is not shown on
his DD Form 214 and he would like to have it added.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 21
November 1966.  Following completion of basic combat training, he completed
advanced individual training and was awarded the primary military
occupational specialty (MOS) 91A, Medical Corpsman.

2.  The applicant was assigned to Vietnam and he arrived there on 11 May
1967.  He was assigned to Company C, 1st Medical Battalion, 1st Infantry
Division.  The applicant remained in this unit until 6 May 1968 when he was
returned to the United States for assignment to Fort Hood, Texas.

3.  The applicant was awarded the Army Commendation Medal for meritorious
service for the period May 1967 to April 1968 in General Orders Number
3270, Headquarters, 1st Infantry Division, dated 8 April 1968.  This award
was not added to Item 41 (Awards and Decorations), of the applicant's DA
Form 20, Enlisted Qualification Record, despite the fact that the orders
were filed in his service personnel record.

4.  The applicant was released from active duty, under the provisions of
Army Regulation (AR) 635-200, chapter 2, section VI, at the expiration of
his term of service, in the rank and pay grade of Specialist Four (SP4), E-
4, with 2 years active military service.  Block 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 shows he earned the following awards:  the
National Defense Service Medal, the Vietnam Service Medal with three bronze
service stars, the Republic of Vietnam Campaign Medal, the Combat
Medical Badge, and the Marksman Marksmanship Qualification Badge with Rifle
Bar.  The Army Commendation Medal the applicant was awarded is not shown on
his DD Form 214.

5.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of bronze service stars
to which the applicant is entitled for campaign participation.

6.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; and
the Vietnam Counteroffensive, Phase IV, which extended from 2 April through
30 June 1968.

7.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

8.  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, shows that the 1st Medical Battalion was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 12 July 1965 through 16 October 1968, by Department of the Army
General Order (DAGO) Number 21, dated 1969; three awards of the Meritorious
Unit Commendation (in effect, the Meritorious Unit Commendation with two
oak leaf clusters) for the period 1 April 1967 through 30 September 1967,
by DAGO 48, dated 1968; for the period 1 October 1967 through 31 March
1968, by DAGO 55, dated 1968; and for the period 1 April 1968 through 30
September 1968, by DAGO 31, dated 1969.  The 1st Medical Battalion was also
awarded the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period 12 July 1965 through 7 April 1970 by DAGO 53,
dated 1970.  These unit awards are not shown on the applicant's DD Form
214.

9.  Item 2 (Grade) and Item 3 (Date of Rank), of the applicant's DA Form
20, show that he was promoted to SP4 on 18 November 1967.  Item 33
(Appointments and Reductions) of the applicant's DA Form 20 shows the same
information.  There are no orders in the applicant's service personnel
records to indicate that he was promoted to the rank and pay grade of
Specialist Five, E-5.

10.  On 13 November 1968, the applicant underwent a security debriefing
before his release from active duty.  In conjunction with this debriefing,
the applicant signed a DA Form 2962, Security Termination Statement and
Debriefing Certificate.  The rank shown on this document is, SP4.
11.  On 21 January 1969, the applicant reviewed and signed a USAAC Form
170, Army Reserve Personnel Date Review.  The applicant disagreed with the
grade shown in Block 3.B., "SP4," and in Block 3.C., he entered, "Sp/5" as
his grade.

12.  On 17 February 1969, the Office of the Adjutant General, US Army
Administration Center sent him a letter and notified him that, "Your
records do not contain a copy of a promotion orders for the grade change
you indicated on the USAAC form you completed recently."  The applicant was
asked if he had a copy of the order verifying his claim to underline his
name on the order for identification purposes and to forward it to the
center.  There is no documentary evidence that the applicant submitted a
copy of promotion orders to the center.

13.  AR 672-5-1, then in effect, provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  All conduct (character) and efficiency ratings must be recorded
as "Excellent."  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for meritorious
service in Vietnam.  This award is not shown on his DD Form 214 and it
would be appropriate to add this award to the applicant's separation
document at this time.

2.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Four, E-4, was awarded the Army Commendation Medal for
his Vietnam service, the Combat Medical Badge for performance of his
assigned duties in a hostile fire area under combat conditions, and there
is no record of lost time or any evidence of a lapse in good conduct in the
applicant's service personnel records.  Based on this excellent service,
the failure of the applicant to receive a Good Conduct Medal can be
attributed to administrative oversight.  He is therefore entitled to award
of the Good Conduct Medal for the period 21 November 1966 through 20
November 1968 and to have it added to his DD Form 214.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of one additional bronze
service star, for a total of four bronze service stars, to be affixed to
his already-awarded Vietnam Service Medal and to have them shown on his
separation document.
4.  The applicant served in a unit, the 1st Medical Battalion, 1st Infantry
Division, during his tour of duty in Vietnam.  This unit was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, three awards
of the Meritorious Unit Commendation (in effect, the Meritorious Unit
Commendation, with two oak leaf clusters), and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, at the time the
applicant was a member of the unit.  These unit awards are not shown on his
DD Form 214.  He is entitled to these unit awards and it would be
appropriate to have them added to his separation document at this time.

5.  There is no documentary evidence, and the applicant has provided none,
that he was promoted to the rank and pay grade, Specialist Five, E-5, while
he served in the Army.

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

BOARD VOTE:

__ecp___  __reb ___  __ao____  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:


1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records, of the individual
concerned, be corrected by:

      a.  awarding the applicant:  the Good Conduct Medal for the period 21
November 1966 through 20 November 1968; an additional bronze service star
to be added to his already awarded three bronze service stars to be affixed
to his Vietnam Service Medal; the Meritorious Unit Commendation, with two
oak leaf clusters; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; and adding these awards to the applicant's DD Form
214; and

      b.  adding the already-awarded Army Commendation Medal to the
applicant's DD Form 214.
2.  The Board further determined that the evidence of record is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of the applicant's DD Form 214 to show the rank and pay grade of
Specialist Five, E-5, on the date of his release from active duty.





            ____Arthur A. Omartian____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003088923                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2003/11/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  66                  |107.0020                                |
|3.  189                 |110.0000                                |
|4.  1                   |110.0400                                |
|5.                      |                                        |
|6.                      |                                        |



-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090012632

    Original file (20090012632.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2012 | 20120009420

    Original file (20120009420.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 10c of his DD Form 214 the entry "11 JAN 68" and adding the entry "11 JAN 67" * awarding him the...

  • ARMY | BCMR | CY2010 | 20100020459

    Original file (20100020459.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result,...

  • ARMY | BCMR | CY2011 | 20110009693

    Original file (20110009693.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments): * he served in duty MOS 11D and his principal duty was light truck driver while assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 4th Cavalry in Vietnam from 25 July 1966 through 2 February 1967 * he served in duty MOS 11D and his principal duty was personnel carrier driver while assigned to HHT, 1st Squadron, 4th Cavalry in Vietnam from 3 February 1967 through 28 June 1967 * he...

  • ARMY | BCMR | CY2011 | 20110015143

    Original file (20110015143.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart 9. The evidence of record does not show he was disqualified from receiving the Army Good Conduct Medal (1st Award) for the period 7 July 1967 through 3 July...

  • ARMY | BCMR | CY2011 | 20110000745

    Original file (20110000745.txt) Auto-classification: Approved

    His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2...

  • ARMY | BCMR | CY2014 | 20140003268

    Original file (20140003268.txt) Auto-classification: Approved

    GO Number 2738, issued by Headquarters, 4th Infantry Division, on 17 June 1968, awarded him the Army Commendation Medal for meritorious service while assigned to Troop C, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division. The applicant held an infantry MOS and he appears to have served in the infantry squad or platoon of a cavalry squadron when he was wounded in action during combat operations in Vietnam on 29 July 1967. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2009 | 20090001788

    Original file (20090001788.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The evidence of record shows that the applicant was awarded the Bronze Star Medal with "V" Device, Army Commendation Medal, and the Purple Heart while he served in Vietnam. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2011 | 20110022067

    Original file (20110022067.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Deleting the Vietnam Service Medal with two bronze service stars; and c. Adding to his DD Form 214 the: * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * Meritorious Unit Commendation *...

  • ARMY | BCMR | CY2010 | 20100028198

    Original file (20100028198.txt) Auto-classification: Approved

    General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to: * award him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and...