PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            29 December 1999             
	DOCKET NUMBER:   AR999022753

	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. Richard H. Allen		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 correction of his DD Form 2l4 (Report of Transfer or Discharge-Armed Forces of the United States), issued on 31 August 1973 to show award of the Bronze Star Medal (BSM) (2nd Award), the Army Commendation Medal (ARCOM), the Air Medal (AM) and the Republic of Vietnam Campaign Medal (RVNCM).  

3.  The applicant states that these awards were not properly listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbon Awarded or Authorized) of his DD Form 2l4.  He attaches copies of military certificates awarding the first oak leaf cluster to the BSM and two awards of the ARCOM, but he has no evidence of award of the AM or the RVNCM.

4.  The applicant’s military records show that he had prior active service between August 1953 and November 1954 and between December 1954 and August 1955.  On 28 August 1959, he reenlisted in the Regular Army and his service thereafter was continuous until he was honorably discharged from active duty on 31 August 1973 and was placed on the Retired List on 1 September 1973.  He was credited with 20 years and 5 days active service as of 31 August.  The highest rank he attained was sergeant first class, pay grade E-7.  Except for the first tour of active duty in 1953-1954, his entire service was as a Light Weapons Infantryman, Military Occupational Specialty (MOS) 11B4.  He also had short tours of duty as an Infantry Operations and Intelligence Sergeant and as an Administrative Noncommissioned Officer.  

5.  The DD Form 2l4 issued to the applicant on 31 August 1973, in item 24, shows that he had been awarded the BSM, the Purple Heart, the Good Conduct Medal (4th Award), the National Defense Service Medal (2 awards), the Vietnam Service Medal, the Armed Forces Expeditionary Medal-Korea, the RVNCM, the Combat Infantry(man) Badge and four overseas bars.  

6.  The applicant’s military records and his DA Form 20 (Enlisted Qualification Record) show that military orders had been issued, as required by Army Regulation 600-5-1, to authorize the applicant to accept and wear certain additional military awards .  These included:  On 22 July  1970, Americal Division General Orders 9243 was issued awarding the applicant the BSM for meritorious achievement in the RVN for the period 1 March through 30 June 1970;  on 
18 November 1970, 23rd Infantry Division General Order 15112 was issued awarding the applicant the ARCOM for meritorious achievement in the RVN for the period 1 July through 30 November 1970;  on 26 November 1970, 
23rd Infantry Division General Order 15468 was issued awarding the applicant the ARCOM with “V” Device (1st Oak Leaf Cluster);  on 30 January 1971, 
23rd Infantry Division General Order 01202 was issued awarding the applicant the BSM (1st Oak Leaf Cluster) for service in the RVN from February 1970 through February 1971;  and on 22 February 1971, 23rd Infantry Division General Order 2158 was issued awarding the applicant the AM for meritorious achievement while participating in aerial flight between 5 May 1970 and 
15 August 1970. 

7.  Item 41 (Awards and Decorations) on his DD Form 20 also shows that he was awarded the Expert Marksmen Badge with Rifle Bar for qualifying as an expert marksman in March 1969 and January 1970.  Therefore, he was entitled to wear that badge.  

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the RVNCM (sometimes referred to as the Vietnam Campaign  Medal (VCM)).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the RVNCM.  Military orders are not issued for this award, simply an entry in item 4l of the DA Form 20.  

9.  Army Regulation 635-5, then in effect, in pertinent part, states that at the time of retirement, all authorized awards, decorations, badges and similar entitlements would be shown in item 24 of the DD Form 2l4 issued at the time of release from active duty.  

CONCLUSIONS:

1.  A review of the applicant’s DD Form 2l4, issued to the applicant on 31 August 1973, in item 24, shows that he was given the proper credit for the award of the RVNCM.

2.  While he was given credit for award of the first BSM, he is also entitled to have his DD Form 2l4, issued on 3l August 1971, corrected to show that he earned the BSM (1st Oak Leaf Cluster).  Additionally, he earned credit for award of the ARCOM and the ARCOM with “V” Device (1st Oak Leaf Cluster).  Further, he earned credit for the award of the AM.  Finally, he is entitled to have the award of the Expert Marksmen Badge with Rifle Bar shown in item 24 of his DD Form 2l4.   

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 2l5 (Correction to DD Form 2l4) correcting item 24 of the DD Form 2l4 issued to the applicant on 
31 August 1973 to show that he is entitled to the additional awards and decorations:

a.  the 1st Oak Leaf Cluster to the BSM;

b.  the ARCOM and the ARCOM with “V” Device (1st Oak Leaf Cluster);

c.  the AM; and

d.  the Expert Marksmen Badge with Rifle Bar.  

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

BOARD VOTE:  

__CLP___  __GDP _  __CLG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022753	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.