PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            29 December 1999
	DOCKET NUMBER:   AR1999021267

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		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 award of the Vietnam Service Medal, the Purple Heart with 1st Oak Leaf Cluster, “2 Bronze Stars”, the Combat Infantryman Badge, and the “Army Commendation Action Medal” (correctly known as the Army Commendation Medal with “V” Device).

3.  The applicant states that the medals cited were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he was assigned to Company C of the 1st Battalion, 5th Infantry from January 1966 to December 1966 which was his first assignment in Vietnam.

4.  The applicant’s military records show that he entered active duty on 28 October 1964.  He served in Vietnam from 16 January 1966 to 10 December 1966 and reenlisted on 28 April 1967.  He served again in Vietnam from 25 July 1968 to 15 July 1969 and was honorably discharged on 13 March 1973.

5.  The applicant’s records contain two DD Forms 214 which cover his service from 28 October 1964 through 28 April 1967 and from 29 April 1967 through 13 March 1973.  The DD Form 214 with an effective date of 28 April 1967 shows entitlement to the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal with “V” Device the Army Commendation Medal with “V” Device and one award of the Purple Heart.

6.  The DD Form 214 with an effective date of 13 march 1973 shows, among several awards and badges, entitlement to “four RVN Campaign Credits”, the second award of the Purple Heart (Purple Heart with 1st Oak Leaf Cluster),and the Good Conduct Medal. 

7.  Based on the information cited in paragraphs 5 and 6, above, the applicant’s discharge documents correctly show entitlement to the Vietnam Service Medal, the Purple Heart with 1st Oak Leaf Cluster, the Combat Infantryman Badge, and the Army Commendation Medal with “V” Device.  Therefore, that portion of his request regarding these awards and decorations will not be discussed further in this proceeding.

8.  The applicant contends that he is entitled to “2 Bronze Stars”.  However, his records contain 25th Infantry Division general Orders Number 886, dated 24 August 1966, which awarded him the Bronze Star Medal with “V” Device for actions during the period 1 May 1966 to 30 June 1966.  There are no other orders in the applicant’s records for another award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) one award of the Bronze Star Medal with “V” Device, but does not show any other awards of the Bronze Star Medal.

9.  Review of the applicant’s records and Table B-1 (Campaigns, Service Requirements, and Inscriptions prescribed for Streamers) of Army Regulation 600-8-22 (Military Awards) shows that the applicant served in six campaigns during his two assignments in Vietnam:  Vietnam Counteroffensive (23 December 1965-30 June 1966); Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967); Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969); Tet 69 Counteroffensive, 1969 (25 February 1969-8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).

10. 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 the first unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period January to April 1966 by Department of the Army General Orders Number 2, dated 1967;  the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 48, dated 1971; and the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 9, dated 1979.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Table B-1 of Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal. Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  Orders show the applicant received one award of the Bronze Star Medal with “V” Device.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he received an additional award of the Bronze Star Medal.  Therefore, the applicant is not entitled to correction of his records to show any additional awards of the Bronze Star Medal.

2.  The applicant served in six campaigns during his two assignments in Vietnam. Therefore, he is entitled to correction of his DD Form 214 (with an effective date of 13 March 1973) to delete the entry “Four RVN Campaign Credits” and show the entry “Vietnam Service Medal with one Silver Service Star and with One Bronze Service Star”.
3.  Orders show that the applicant is entitled to the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation during his first assignment in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 (with an effective date of 28 April 1967) to show award of the to the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

	a.  by deleting the entry “Four RVN Campaign Credits” from item 24 of the DD Form 214 (with an effective date of 13 March 1973) of the individual concerned; 

	b.  by adding in item 24 of his DD Form 214 (with an effective date of 13 March 1973) the entry “Vietnam Service Medal with one Silver Service Star and with one Bronze Service Star”; and

	c.  by correcting item 24 of his DD Form 214 (with an effective date of 28 April 1967) to show award of the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  CLG_____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999021267	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991229	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730413	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY RELEASE TO JOIN USAR UNIT	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.