PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 March 2000                  
	DOCKET NUMBER:   AR1999028491

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 a medal for being under fire in Vietnam.

3.  The applicant states that he believes he deserves a medal for being under fire on two occasions in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he completed over 20 years of active duty on 30 November 1970 when he retired in the rank of sergeant first class. 

5.  The applicant’s retirement DD Form 214 with an effective date of 
30 November 1970 shows he served as a food service supervisor in Vietnam from 31 October 1968 through 25 May 1969.  The DD Form 214 also shows the Vietnam Service Medal with one bronze service star and the Vietnam Campaign Medal as authorized awards.     

6.  Army Regulation 600-8-22 (Military Awards) does not authorize an award solely for the purpose of an individual being under fire in Vietnam.  Therefore, this issue will not be discussed further in the proceedings.  

7.  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 unit to which the applicant was assigned, Headquarters & Maintenance Support Company, 5th Maintenance Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1969 to 31 May 1970 by Department of the Army General Orders Number 48, dated 1971.  

8.  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 8, dated 1974.

CONCLUSIONS:

1.  The applicant’s unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  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 by showing that the individual concerned was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

RVO__  MKP_____  VBC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028491	
SUFFIX		
RECON		
DATE BOARDED	20000315	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701130	
DISCHARGE AUTHORITY	Title 10 USC Section 3914	
DISCHARGE REASON	Retirement after 20 but less than 30 years active Federal Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0034	
2.	107.0094	
3.		
4.		
5.		
6.