PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 February 2000                   
	DOCKET NUMBER:   AR1999023760

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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.  In effect, the applicant requests that his DD Form 214 of 30 November 1971 be corrected to show all his awards, and all his foreign service during his military career.   

3.  The applicant states that he served close to 3 years in Germany, 1 year in Korea, and 2 years in Vietnam.

4.  The applicant’s military records show that he entered on active duty on         23 January 1951 and remained on continuous active duty until his retirement in 1971.  The applicant has five DD Forms 214, which he submits with his application, showing his periods of service; medals, decorations, and badges awarded; and foreign service.

5.  His last DD Form 214 of 30 November 1971 shows that he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 device, the Bronze Star Medal, and the Army Commendation Medal with first oak leaf cluster.  That form shows 4 days of foreign service in Vietnam, during the period covered by that DD Form 214, 7 July 1970 to 30 November 1971.  

6.  The applicant’s DD Form 214 for the period from 13 August 1964 through      6 July 1970 shows 10 months of service in Vietnam. He served in Vietnam from   7 August 1969 through 6 July 1970 (the ending period of that DD Form 214), for a total of 11 months.  He also served a previous tour of duty in Vietnam covered by that DD Form 214, a total of 12 months from 17 March 1966 through             16 March 1967.  His DD Form 214 ending on 6 July 1970 should show               23 months of service in Vietnam.

7.  The applicant’s records show, that in addition to the aforementioned awards, the applicant was awarded the Army of Occupation Medal (Germany), the National Defense Service Medal with oak leaf cluster, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars (one for each campaign), the Expert Qualification Badge with rifle bar, the Marksman Qualification Badge with carbine bar, and six awards of the Army Good Conduct Medal.

8.  The applicant’s record shows that he served in Vietnam for two tours of duty, from 17 March 1966 to 16 March 1967 with the 3d Battalion, 13th Artillery; and from 7 August 1969 to 10 July 1970 with the 7th Battalion, 13th Artillery.  He participated in six campaigns during his Vietnam service.  He was assigned to the 3d Battalion, 13th Artillery for the period when that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  Army Regulation 635-5 then in effect provides instructions for the preparation and distribution of the DD Form 214, and states in pertinent part that item 22c (foreign and/or sea service) will show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed.  

10.  That regulation also states that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24. 

CONCLUSIONS:

1.  Item 22c of the applicant’s 30 November 1971 is correct.  Even though he had numerous periods of foreign service as the applicant contends, that                   DD Form  214 properly reflects only the four days of service covered by the period indicated on that form.  

2.  The applicant served in Vietnam for 12 months from 17 March 1966 to          16 March 1967, and for 11 months from 7 August 1969 to 6 July 1970 (the ending period of that DD Form 214).  Therefore, his 6 July 1970 DD Form 214 should reflect 23 months of service in Vietnam.

3.  The applicant participated in six campaigns in Vietnam.  His DD Form 214 should reflect award of the Vietnam Service Medal with one silver service star (denoting participation in five campaigns), and one bronze service star (denoting participation in one campaign).  The unit to which he was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should reflect that award.

4.  His DD Form 214 should also reflect award of all the other decorations and badges as indicated above.

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 for the period ending 30 November 1971 show that he was awarded the Bronze Star Medal, the Army Commendation Medal with first oak leaf cluster, the Army of Occupation Medal (Germany), six awards of the Army Good Conduct Medal, the National Defense Service Medal with oak leaf cluster, the Vietnam Service Medal with one silver service star and one bronze service star, the Republic of Vietnam Campaign Medal with             60 device, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Qualification Badge with rifle bar, and the Marksman Qualification Badge with carbine bar.

2.  That his DD Form 214 for the period ending 6 July 1970 show that he served 23 months in Vietnam. 

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

BOARD VOTE:  

___aao__  ___mw__  __clg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023760	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.