IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100010899 


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 requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Vietnam Service Medal with one silver service star.

2.  The applicant states his DD Forms 214 show the Vietnam Service Medal with three bronze service stars.  Subsequent to his first period on active duty, his DA Form 20 (Enlisted Qualification Record) was amended to show participation in five campaigns and he was issued the Vietnam Service Medal with one silver service star.

3.  The applicant provides copies of two DD Forms 214, his DA Form 20, and a DA Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 March 1967.  He completed training and was awarded military occupational specialty 95B (Military Police).

2.  His DD Form 214 for the period ending 11 December 1970 shows he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* Republic of Vietnam Campaign Medal with Device (1960)
* 
Vietnam Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol and Rifle Bars

3.  A DA Form 20, last audited on 27 January 1974, shows the applicant served in Vietnam from 10 November 1967 through 4 December 1968 with the 175th Radio Research Company during five campaign phases.  Item 41 (Awards and Decorations) of this form shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Pistol and Rifle Bars

4.  The applicant was appointed a USAR Warrant Officer on 11 February 1980.  The highest rank/grade he held was chief warrant officer five (CW5)/W-5.

5.  A DA Form 1577, dated 18 March 1983, shows the applicant's authorized awards as the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol and Rifle Bars

6.  A DA Form 1577, dated 21 January 1985, shows the applicant was authorized the Meritorious Unit Commendation.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 September 2008 shows his awards as the:

* Legion of Merit
* Meritorious Service Medal (6th Award)
* Army Commendation Medal (6th Award)
* Joint Service Achievement Medal
* 
Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation (2nd Award)
* Valorous Unit Award
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (3rd Award)
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Republic of Vietnam Gallantry Cross With Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Reserve Medal (3rd Award)
* Joint Chiefs of Staff Identification Badge
* Army Staff Identification Badge

8.  The Commendatory Section of his interactive Personnel Electronic Records Management System (iPERMS) file does not contain any of the orders for any awards or decorations predating his release from active duty on 11 December 1970, except his Army Good Conduct Medal.

9.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 

that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Forms 214 show the Vietnam Service Medal with three bronze service stars.  However, subsequent to his first period on active duty, his DA Form 20 was amended to show participation in five campaigns and he was issued the Vietnam Service Medal with one silver service star.

2.  As the applicant's record shows he participated in five campaign phases during his tour in Vietnam, he is entitled to one silver service star for wear on his already-awarded Vietnam Service and correction of his DD Form 214 for the period ending 30 September 2008 to show the one silver service star.

3.  The applicant's marksmanship qualification badges were not carried forward from his first DD Form 214 to his final DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 30 September 2008 to show these badges.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 13 of his DD Form 214 for the period ending
30 September 2008 the Vietnam Service Medal with three bronze service stars and

	b.  adding to item 13 of his DD Form 214 for the period ending 30 September 2008 the Vietnam Service Medal with one silver service star and the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars.



      ____________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)                                         AR20100010899



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ABCMR Record of Proceedings (cont)                                         AR20100010899



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