PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:               22 March 2000
	DOCKET NUMBER:       AR1999026849

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 records to show award of the Bronze Star Medal and the Air Medal.

3.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is not complete.

4.  The applicant’s military records show he entered active duty on 9 April 1969.  He served in Vietnam from 26 October 1969 to 14 November 1970, and was discharged on 14 November 1970.  His DD Form 214 does not show the Bronze Star Medal or the Air Medal as authorized awards.

5.  The applicant provided a copy of 101st Airborne Division General Orders Number 10322, dated 1 September 1970, which awarded him the Bronze Star Medal for service for the period 1 November 1969 to 31 August 1970.

6.  The applicant provided a copy of 101st Airborne Division General Orders Number 12194, dated 1 October 1970, which awarded him the Bronze Star Medal for service for the period 1 December 1969 to 30 September 1970.

7.  The applicant provided a copy of 101st Airborne Division General Orders Number 14092, dated 30 November 1970, which awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 1 March 1970 through 31 October 1970.

8.  The applicant’s records contain 101st Airborne Division Special Orders Number 156, dated 5 June 1970, which awarded him the Combat Infantryman Badge.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.  This pamphlet also shows he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

10.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

CONCLUSIONS:

1.  The applicant provided orders for two awards of the Bronze Star Medal for service which cover overlapping periods of service in Vietnam.  Award of the Bronze Star Medal for service announced in 101st Airborne Division General Orders Number 10322, dated 1 September 1970 most correctly covers his service in Vietnam.  Therefore the applicant’s record will be corrected to show only one award of the Bronze Star Medal based on 101st Airborne Division General Order 10322.

2.  Based on the foregoing, that portion of 101st Airborne Division General Orders Number 12194, dated 1 October 1970, which pertains to the applicant should be rescinded to delete the applicant’s name.

3.  Orders show the applicant was awarded the Air Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

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 showing that the individual concerned was awarded the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That the Awards Branch of the Total Army Personnel Command consider amending 101st Airborne Division General Orders Number 12194, dated 1 October 1970, to delete so much of those General Orders as pertain to the individual concerned since it is a second service award for the same period of service and it appears to be an administrative error. 

BOARD VOTE:  

___JA___  ___TK___  __AO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward____
		        CHAIRPERSON

INDEX

CASE ID	AR1999026849	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701114	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY SEPARATION OF OVERSEAS RETURNEE	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.