PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 March 2000                   
	DOCKET NUMBER:   AR1999028532

	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.  

	Mrs. Nancy Amos		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 that his DD Form 214, Report of Separation be corrected to add the Distinguished Service Cross (DSC) and the Bronze Star Medal (BSM) with oak leaf cluster.

3.  The applicant states, in effect, that he earned the DSC and the BSM.

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 October 1967.  He arrived in Vietnam in April 1968 where he served as a rifleman and team leader.  General Orders 1750, Headquarters, U. S. Army Vietnam dated 15 May 1969 awarded him the DSC for extraordinary heroism in action on 13 August 1968.  

5.  General Orders 2968, Headquarters, 1st Infantry Division dated 23 April 1969 awarded him the BSM (1st oak leaf cluster) for action from April 1968 – April 1969.  However, in response to a Congressional inquiry, the U. S. Army Military Personnel Center (MILPERCEN) conducted a page-by-page search of the general orders published by Headquarters, 1st Infantry Division from April 1968 to April 1969 and could locate only General Orders 2968.  MILPERCEN determined there was no evidence in his personnel records to show he was awarded more than one BSM and so published Permanent Orders 88-3, MILPERCEN, dated  19 May 1986 amending General Orders 2968 to read he was awarded the BSM.

6.  On 27 July 1969, the applicant was honorably discharged for the purpose of reenlisting on 28 July 1969.  The National Defense Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm, and 2 overseas bars are listed in item 24 of his DD Form 214 but the DSC and BSM are not listed.

7.  On 6 March 1973, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 10 with an honorable discharge.  His DD Form 214, item 24 only lists the Sharpshooter (Rifle), National Defense Service Medal; and the Armed Forces Expeditionary Medal (Korea).

CONCLUSIONS:

1.  There is no evidence of record to show the applicant was awarded more than one BSM.  General Orders 2968, Headquarters, 1st Infantry Division dated         23 April 1969 awarding him the BSM (1st oak leaf cluster) were amended by MILPERCEN in 1986 to award him the BSM.

2.  The DSC and the BSM were erroneously left off his DD Form 214 for the period ending 27 July 1969 and, in the interest of justice, it would be appropriate to list all his awards and decorations on his DD Form 214 for the period ending    6 March 1973.
3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

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

     a.  amending the applicant’s DD Form 214 for the period ending 27 July 1969 to add the Distinguished Service Cross and the Bronze Star Medal; and

     b.  amending the applicant’s DD Form 214 for the period ending 6 March 1973 to add the Distinguished Service Cross, the Bronze Star Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm, and 2 overseas bars.

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

BOARD VOTE:  

__jma___  __tsk___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028532	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.