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ARMY | BCMR | CY2004 | 20040006519C070208
Original file (20040006519C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040006519


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to
reflect the following awards:

      a.  The ACM with 2 Oak leaf Clusters.

      b.  The NPDR (Noncommissioned Officer Professional Development
Ribbon) with 3 Oak Leaf Clusters.

      c.  The ASR (Army Service Ribbon).

      d.  The AFRM (Armed Forces Reserve Medal).

      e.  The COA.

      f.  The VCG (Vietnam Cross of Gallantry Unit Citation) with Palm.

      g.  The Vietnamese Civil Action Medal (Republic of Vietnam Civil
Action Honor Medal Unit Citation).

      h.  PUC, MUC, VUC (Presidential Unit Citation, Meritorious Unit
Citation, Valorous Unit Award).

      i.  The Air Medal (AM) with Numeral 4 or 5.

2.  The applicant states that he had two tours in Vietnam and these awards
were not placed on his DD Form 214.

3.  The applicant provides:

      a.  A 23 August 2004 letter from the National Personnel Records
Center.

      b.  A copy of his DD Form 214 for the period 13 December 1967 to
14 September 1973.

      c.  A NA Form 13038 (Certification of Military Service) for the
period 19 March 1962 to 12 December 1967.

      d.  DA Form 2-1 (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The applicant’s complete military records are not available to the
Board.  This case is being considered using reconstructed records, which
primarily consist of US Army Reserve (USAR) records dating from 1 January
1975.

2.  The applicant served on active duty from 19 March 1962 to 14 September
1973.  He has one DD Form 214 in the record for the period 13 December 1967
to 14 September 1973.  That document shows that he served in Vietnam from
13 December 1967 through 16 November 1968 and from 3 May 1970 through
4 February 1971.  It also shows that he was awarded the Vietnam Service
Medal with 1 silver service star and 2 bronze service stars, the Bronze
Star Medal with Oak Leaf Cluster, the Vietnam Campaign Medal, the National
Defense Service Medal, the Good Conduct Medal with bronze clasp and 3
loops, and the Expert Marksmanship Badge with Rifle Bar.

3.  The Board noted the applicant’s request for award of the Air Medal with
Numerals 4 or 5.  However, the applicant has not exhausted the
administrative remedy available to him under the provisions of Section
1130, Title 10, United States Code.  He has been notified by separate
correspondence regarding submission of a recommendation for award of the
Air Medal under this provision of law.  As a result, award of the Air Medal
requested by the applicant is not discussed further in these Proceedings.

4.  The applicant's DA Form 2-1 dates from 1 January 1975 and is
essentially a recapitulation of his post-Vietnam USAR service.  This
document does not show his units of assignment while serving in Vietnam.
However, from General Orders Number 2606, Headquarters, MACV, dated 26 June
1971, it can be determined that the applicant was assigned to MACV, Second
Regional Assistance Command (SRAC), Advisory Team 25 from May 1970 to
on/about May 1971.

5.  Army Regulation (AR) 600-8-22 (Military Awards) 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.  It
provides, in pertinent part:

      a.  The NCO Professional Development Ribbon (NPDR) was established by
the Secretary of the Army on April 10, 1981.  It is awarded to members of
the United States Army, Army National Guard, and Army Reserve for
successful completion of designated Noncommissioned Officer professional
development
courses.  A numeral is affixed to the ribbon to indicate completion of
specific levels of subsequent courses. Primary level course is indicated by
the basic ribbon; basic level course with the number 2; advanced level
course with number 3; and senior level course (Sergeants Major Academy)
with number 4.

      b.  The Army Service Ribbon (ASR) was established by the Secretary of
the Army on 10 April 1981.  This regulation states, in pertinent part, that
effective 1 August 1981, all members of the Active Army, Army National
Guard, and Army Reserve in an active Reserve status are eligible for the
award upon successful completion of initial entry training.  The award may
be awarded retroactively to those personnel who completed the required
training before 1 August 1981 provided they had an Active Army status on or
after 1 August 1981.

      c.  The Armed Forces Reserve Medal (AFRM) is awarded for honorable
and satisfactory service as a member of one or more of the Reserve
Components of the Armed Forces of the United States for a period of 10
years; the applicant's AFRM was awarded on 14 September 1983.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that a unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.  It also shows
that the unit was awarded the Meritorious Unit Commendation for the period
1 November 1968 to 30 June 1970 by Department of the Army General Order
Number 51, dated 1971.

7.  The terms ACM and COA are not valid award acronyms.

8.  AR 635-2 (Separation Documents) prescribes the separation documents
that must be prepared for soldiers on retirement, discharge, release from
active duty service, or control of the Active Army. It establishes
standardized policy for preparing and distributing the DD Form 214.  It
states that the DD Form 214 is a summary of a Soldier's most recent period
of continuous active duty; however, all awards and decorations earned
through the separation date for the DD Form 214 will be entered in the
appropriate block.  Awards earned after the separation date shown on the DD
Form 214 are not authorized for inclusion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's NPDR, ASR, and AFRM were earned after the separation
date shown on his DD Form 214.  These awards may not be included on his DD
Form 214.

2.  The terms ACM and COA are not valid award acronyms and cannot be
further addressed.

3.  Because information on all of the applicant's units of assignment in
Vietnam is not available, entitlement to awards such as the Presidential
Unit Citation, Valorous Unit Award, and Republic of Vietnam Civic Action
Honor Medal cannot be determined.

4.  Entitlement to the Meritorious Unit Commendation and the Vietnam
Gallantry Cross Unit Citation with Palm has been established by virtue of
the applicant's assignment to Advisory Team 25, Second Regional Assistance
Command (SRAC), Headquarters, MACV.  His DD Form 214 should be corrected to
reflect these awards.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __phm___  __lgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that the applicant was awarded Meritorious Unit
Commendation and the Vietnam Gallantry Cross Unit Citation with Palm.



                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006519                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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