IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090021621 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the widow of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show missing awards and decorations.

2.  The applicant states the Army Good Conduct Medal (AGCM), 4 campaign (bronze service) stars, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation (MUC) should be added to the FSM's DD Form 214.

3.  The applicant indicates in her statement that the FSM should receive the MUC and RVN Civil Actions Honor Medal First Class Unit Citation for his service in the 46th Corps Support Group, 530th Supply and Service Battalion, 364th Supply and Service Company supporting units of the XVIII Airborne Corps who were worldwide deployable.

4.  The applicant provides the FSM's Certificate of Death, DD Form 214, their Certificate of Marriage Registration, and a self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he enlisted in the Regular Army on 5 August 1968.  He was trained in and awarded military occupational specialty (MOS) 57F 


(Memorial Activities Specialist).  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 January 1969 to 9 January 1970.

2.  Item 38 (Record of Assignments) of the FSM's DA Form 20 shows that during his RVN tour, he was assigned to the 574th Supply and Services Company, performing duties in MOS 57H as a memorial activities specialist.  It also shows he received "good" conduct and efficiency ratings for his RVN assignment.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with 
Device (1960), Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

3.  The FSM's record contains a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) that shows he accepted non-judicial punishment (NJP) on 7 March 1970 for failing to go at the time prescribed to his appointed place of duty on 6 March 1970.  It also contains an in-processing checklist completed by the FSM during in-processing to Fort Bragg, NC on
20 February 1970.  The checklist contains the FSM's initials next to a statement confirming the conduct and efficiency ratings in item 38 of his DA Form 20 were properly posted and he agreed with them.

4.  On 4 August 1970, the applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist four (SP4)/E-4, after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the NDSM, VSM, and the RVN Campaign Medal.

5.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

6.  Army Regulation 672-5-1 (Awards) prescribed the Army's awards policy during the Vietnam era and stated the AGCM is awarded to individuals who have completed 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 in which case a period of more than 1 year was a qualifying period.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units during the Vietnam era.  During the time of the FSM's assignment to the 574th Supply and Services Company this unit was awarded the MUC for the period 1 January 1968 - 31 May 1968 by Department of the Army General Orders 39, dated 1970.

8.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 – 
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the FSM's DD Form 214 should be corrected by adding the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars to be affixed on his already-awarded VSM has been carefully considered and found to have merit.  The evidence of record confirms that based on the FSM's RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars to be affixed to his already-awarded VSM.  Therefore, the FSM's DD Form 214 should be corrected to show these awards.

2.  The applicant contends the MUC should be added to the FSM's DD Form 214 based on his service with the 46th Corps Support Group, 530th Supply and Service Battalion, 364th Supply and Service Company has also been carefully considered.  There is no evidence this unit received the MUC during the Vietnam era.  However, evidence of record shows that while the FSM was assigned to the 574th Supply and Services Company this unit was awarded the MUC.  Therefore, the FSM's DD Form 214 should be corrected to show this unit award.

3.  The applicant's contention the FSM should be awarded the first award of the AGCM has also been carefully considered.  However, the evidence does not 


support this claim.  The awards regulation, in effect at the time, required a member to have all "excellent" conduct and efficiency ratings in order to qualify for the AGCM.  Item 38 of the FSM's DA Form 20 shows he received only "Good" conduct and efficiency ratings during his RVN assignment, and he confirmed 
these ratings were proper and he agreed with them in a checklist he completed during in-processing at Fort Bragg on 20 February 1970.  As a result, he was not eligible for award of the AGCM at the time of his release from active duty.

4.  The applicant's contention the RVN Civil Actions Honor Medal First Class Unit Citation should be added to the FSM's DD Form 214 based on his service with the 46th Corps Support Group, 530th Supply and Service Battalion, 364th Supply and Service Company has also been carefully considered.  However, there is no evidence this unit or the 574th Supply and Services Company received this unit award during the Vietnam era.  As a result, the evidence does not support granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL 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.  deleting from item 24 of the FSM's DD Form 214 the Vietnam Service Medal and

b.  adding to item 24 of the FSM's DD Form 214 the Vietnam Service Medal
with 4 bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented 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 adding the Army Good Conduct Medal (first award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the FSM's DD Form 214.



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090021621



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ABCMR Record of Proceedings (cont)                                         AR20090021621



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