PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 December 1998 
	DOCKET NUMBER:   AC98-12002

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show Service Battery, 2d Battalion, 11th Artillery as his last duty assignment.  He also requests correction of his DD Form 214 to show award of the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM).

3.  The applicant states the wrong unit is shown on his DD Form 214 and the two awards are not listed.

4.  The applicant’s military records show he was inducted on 11 September 1969, served in Vietnam from 3 February 1970 through 13 April 1971 and was separated with an honorable discharge on 14 April 1971.

5.  Item 12 (Last Duty Assignment and Major Command) of the applicant’s DD Form 214 shows “HHC 2d Bn 320 Arty APO 96383 USARV” [Headquarters & Headquarters Company, 2d Battalion, 320 Artillery, Army Post Office 96383, United States Army Vietnam].  Headquarters, 101st Airborne Division Special Orders Number 90, dated 31 March 1971, shows “Svc Btry 2dBn (Ambl) 11th Arty” [Service Battery, 2d Battalion, Airmobile, 11th Artillery] as the applicant’s unit.   DA Form 137 (Installation Clearance Record), dated 10 April 1971, lists “Svc Btry 2/11 Arty” [Service Battery, 2d Battalion, 11th Artillery] as the applicant’s organization. 

6.  The applicant’s DD Form 214 does not show the ARCOM or the BSM as authorized awards.

7.  The applicant submitted a copy of a citation showing he received the ARCOM for meritorious achievement during the period 1 March 1970 to 31 July 1970.

8.  The applicant submitted a copy of a citation and award certificate showing he received the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 May 1970 to 31 January 1971. 

9.  Army Regulation 635-5 (Personnel Separations) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that item 12 (Last Duty Assignment and Major Command) will list the soldier’s last unit of assignment and major command.

 CONCLUSIONS:

1.  The evidence confirms the applicant’s correct last duty assignment and major command at the time he was separated from active duty was Service Battery, 2d Battalion, 11th Artillery, United States Army Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this assignment.  

2.  The applicant was awarded the ARCOM and the BSM; therefore, he is entitled to correction of his DD Form 214 to show these awards. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing in item 12 “Svc Btry 2d Bn 11th Arty APO 96383 USARV” of the DD Form 214 of the individual concerned; and

b.  by showing that the individual concerned was awarded the ARCOM and the BSM.

BOARD VOTE:  

RVO____  GDP_____  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981202	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710414	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.