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ARMY | BCMR | CY2004 | 2004103876C070208
Original file (2004103876C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 27, 2005
      DOCKET NUMBER:  AR2004103876


      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. Raymond J. Wager              |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 he be awarded the Silver Star
and the Army Commendation Medal and, that his DD Form 214, Certificate of
Release or Discharge from Active Duty, be corrected to show that he held
the military occupational specialties (MOS) 67A1F and 67N20.

2.  The applicant states, in effect, that:

      a.  he was told that he would be awarded the MOS 67A1F and that it
would be placed in his 201 File as his primary MOS;


      b.  he became a crew chief with the MOS 67N20 however, this MOS does
not appear on his DD Form 214;


      c.  after a flight mission in late 1971, while he was with the 187th
Assault Helicopter Company, he and four other Soldiers were called into the
company commander's office and were handed Silver Stars.  They were told
that orders would be arriving shortly.  A few days later, he was
transferred to F Troop and, in effect, he did not receive the orders; and


      d.  about 2 weeks before he out processed to return to the United
States, the first sergeant told him he was putting him in for an Army
Commendation Medal.

3.  The applicant provides a copy of his DD Form 214, with an effective
date of 27 October 1973, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s request for award of the Silver Star and the Army
Commendation Medal is outside the statute of limitations on approval of
award recommendations for actions during the Vietnam War.  However, the
applicant’s request for these awards can be considered under the provisions
of Title 10, United States Code, Section 1130, which governs consideration
of awards not submitted within time limits established by law.  The
applicant must exhaust this remedy; and therefore, these awards will not be
discussed further in these proceedings.
2.  The applicant enlisted in the US Army Reserve on 10 July 1969.  On
29 August 1969, the applicant enlisted in the Regular Army for a period of
3 years.  He successfully completed basic combat training and advanced
individual training at Aberdeen Proving Ground, Maryland.  On completion of
his advanced training, he was awarded the MOS, 63G, Fuel and Electrical
Systems Repairer.

3.  The applicant was assigned to and arrived in Vietnam on 16 March 1970.
He was assigned to the 71st Ordnance Company (Ammunition).  He remained
assigned to this company until he was honorably discharged on 8 January
1971, in the rank and pay grade, Specialist Four, E-4, under the provision
of Army Regulation (AR) 635-200, for the purpose of immediately reenlisting
to serve as a door gunner.  On his discharge date, he had 1 year, 4 months,
and 10 days active military service.

4.  The exact date of the applicant's assignment to the 187th Assault
Helicopter Company is not available.  The applicant's DA Form 20, Enlisted
Qualification Record, covering this period of his Army service is not
available.

5.  The applicant was promoted to the rank and pay grade, Specialist Five,
E-5, in Special Orders Number 284, paragraph 2, published by Headquarters,
11th Combat Aviation Battalion, on 11 October 1971.  The standard name line
in these orders show the applicant holding the primary MOS 63C20 [believed
to be a typographical error] and assigned to the 187th Assault Helicopter
Company, 11th Combat Aviation Battalion.  The applicant was awarded the
secondary MOS 67N2F, the MOS in which he was promoted.

6.  There are no orders in the applicant's service personnel records
showing that he was awarded the MOS 67A1F when he was reassigned from the
71st Ordnance Company (Ammunition) to the 187th Assault Helicopter Company,
11th Combat Aviation Battalion.

7.  While in Vietnam, the applicant also served with F Troop, 4th Cavalry
Squadron.  The applicant was awarded the Good Conduct Medal for the
period 29 August 1969 through 8 January 1972 in General Orders Number 7,
paragraph 2, published by Headquarters, 3rd Squadron, 17th Air Cavalry, on
15 February 1972.  The applicant remained assigned to F Troop, 4th Cavalry
Squadron, until he was returned to the United States on 16 June 1972, to
complete his active duty service obligation.
8.  The applicant was honorably released from active duty on 27 October
1973, under the provision of AR 635-200.  He was given a Separation Program
Designator (SPD) Code of "432."  This SPD identified Soldiers who were
released early to enlist in National Guard or Army Reserve units.  The
applicant was released from active duty in the rank and pay grade,
Specialist Five, E-5.  On his release from active duty, he had 4 years, 3
months, and 5 days active military service.

9.  The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded:  the Air Medal; the Good Conduct Medal; the National
Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam
Campaign Medal, with 60 Device; the Meritorious Unit Commendation; and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the appropriate service stars to which he
is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following six
campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; the Consolidation I,
which extended from 1 July through 30 November 1971; the Consolidation II,
which extended from 1 December 1971 through 29 March 1972; and the Vietnam
Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

12.  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.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows the 187th
Assault Helicopter Company was awarded the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 1 May 1969
through 15 May 1970, by Department of the Army General Order (DAGO) 55,
dated 1971.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

15.  AR 635-5, in effect at the time of the applicant's separation provided
the following instruction for the completion of Item 23 a and b of the DD
Form 214:  "Enter primary MOS code number and title.  If the specialty
represented by the MOS has a related civilian occupation, enter in item 23b
the appropriate job title and code number from the dictionary of
occupational titles.  If not applicable, enter 'NA.'"

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was ever awarded the MOS 67A1F
as his primary or secondary MOS.  The evidence does show that the applicant
was awarded the MOS 67N2F as his secondary MOS when he was promoted to the
rank and pay grade, Specialist Five, E-5.

2.  The evidence shows that the applicant retained the MOS 63G as his
primary MOS throughout his active duty service.  The evidence further shows
that by regulation, only the Soldier's primary MOS was entered in item 23a
on his discharge or released from active duty.

3.  The evidence shows that the applicant's primary MOS, 63G, was correctly
transposed from his active duty records to his DD Form 214 on his release
from active duty date; therefore, no change or correction is necessary.

4.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.  He is entitled to award of one silver and
one bronze service star to be affixed to his Vietnam Service Medal, to
denote his campaign participation, and to have these service stars shown on
his separation document.

5.  The applicant served in a unit that was awarded the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, while the applicant
was assigned to the unit.  This unit award is not shown on his DD Form 214.
 He is entitled to this unit award and to have it added to his DD Form 214.
6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records 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

elp _____  bkk _____  rjw _____  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:


      a.  the applicant was awarded one silver and one bronze service star
to be affixed to his already-awarded Vietnam Service Medal, to denote his
campaign participation credit and, to be shown on his DD Form 214 as the
Vietnam Service Medal, with one silver and one bronze service star; and
that


      b.  the applicant was awarded the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation, and adding this unit award to his
DD Form 214.





                                  ____Raymond J. Wagner__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103876                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050127                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  53                  |107.0007                                |
|3.  66                  |107.0020                                |
|4.  6                   |100.0500                                |
|5.                      |                                        |
|6.                      |                                        |


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