PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              15 March 2000               
	DOCKET NUMBER:      AR1999028713

	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. Beverly A. Young 		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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show all the awards to which he is entitled and to show he served two tours in Vietnam.

3.  The applicant states, in effect, that his DD Form 214 does not show both of his tours in Vietnam or the medals he received.

4.  The applicant’s military records show that he entered active duty on 2 July 1968 and completed training as an ammunition storage specialist.  He completed two overseas assignments in Vietnam and was honorably discharged on 7 June 1971.  His DD Form 214 shows in item 30 (Remarks) that he was separated on temporary records.

5.  The applicant’s DD Form 214 only shows the National Defense Service Medal as an authorized award.  His discharge document does not show entitlement to any other awards.

6.  The applicant’s personnel records contain Headquarters, 1st Infantry Division General Orders Number 17402, dated 19 December 1969, which awarded him five awards of the Air Medal, now correctly known as the Air Medal with Numeral “5”.

7.  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.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Counteroffensive, Phase VI and Tet 69 Counteroffensive in item 39 (Campaigns).  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII campaigns.

9.  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, was cited for award of the Meritorious Unit Commendation for actions during the period 1 March 1968 to 31 March 1969 by Department of the Army General Orders Number 39, dated 1970.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 September 1969 to 30 September 1970 by Department of the Army General Orders Number 50, dated 1970.

10.  Headquarters, U.S. Army Aviation Center and Fort Rucker Special Orders Number 99, dated 16 April 1970, awarded the applicant the Sharpshooter Markmanship Badge with Rifle Bar.

11.  Item 30 (Remarks) of the applicant’s DD Form 214 shows he served in  Vietnam from 26 June 1970 to 5 June 1971.  His DA Form 20 shows he also completed a normal overseas tour in Vietnam from 19 January 1969 to 18 January 1970.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  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 
direct combat support to the Republic of Vietnam and Armed Forces. 

15.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

16.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

CONCLUSIONS:

1.  Orders in the applicant’s personnel records show that he was awarded the Air Medal with Numeral “5”; therefore, he is entitled to correction of his records to show this award.

2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled correction of his records to show this award.

3.  The applicant completed a period of qualifying service for award of the Republic of Vietnam Campaign Medal and the Vietnam Service Medal; therefore, he is entitled to correction of his records to show these awards.

4.  Evidence of record shows that the applicant received credit for participation in six campaigns during his tour in Vietnam; therefore, he is entitled to correction of his records to show one silver star and one bronze service star to be affixed to the Vietnam Service Medal.

5.  While the applicant was assigned to the 148th Ordinance during his tour in Vietnam, the unit was cited twice for award of the Meritorious Unit Commendation; therefore, he is entitled to correction of his records to show award of the Meritorious Unit Commendation (First Oak Leaf Cluster).

6.  The applicant qualified as a Sharpshooter with the M-14 Rifle; therefore, he is entitled to correction of records to show award of the Sharpshooter Markmanship Badge with Rifle Bar. 

7.  Evidence of record shows the applicant completed two overseas tours in Vietnam; therefore, he is entitled to correction of item 30 (Remarks) of his DD Form 214 to show the entry “Vietnam Service:  19 January 1969 – 18 January 1970”.

8.  The applicant served 1 year, 11 months and 10 days in Vietnam; therefore, he is entitled to correction of item 22c (Foreign and/or Sea Service) of his DD Form 214 to be amended to show this foreign service.

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

RECOMMENDATION:

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

	a.  by showing the individual concerned was awarded the Air Medal with Numeral “5”, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with one silver star and one bronze service star, the Republic of Vietnam Campaign Medal, the Meritorious Unit Commendation (First Oak Leaf Cluster), and the Sharpshooter Markmanship Badge with Rifle Bar;

	b.  by showing the entry “Vietnam Service:  19 January 1969 – 18 January 1970” in item 30 of his DD Form 214; and

	c.  by amending item 22c of his DD Form 214 to show “1 year, 11 months and 10 days”.

BOARD VOTE:  

RVO____  MKP____  VBC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028713	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
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.	107.00	
2.	100.00	
3.		
4.		
5.		
6.