PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               8 March 2000   
	DOCKET NUMBER:      AR1999028876

	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	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal with “V” Device and Vietnam Service Medal.

3.  The applicant states that his DD Form 214 does not show the “V” award or the Vietnam Service Medal.  

4.  The applicant’s military records show that he was inducted on 8 June 1967 and completed basic and advanced individual training.  He served in Vietnam from 17 January 1968 to 11 January 1969 and was honorably discharged on 13 January 1969.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal with “V” Device or the Vietnam Service Medal as authorized awards.  However, his discharge document does show entitlement to award of the Army Commendation Medal.

6.  There is no evidence in the applicant’s service personnel records which show that he was awarded or recommended for the Army Commendation Medal with “V” Device.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Army Commendation Medal with “V” Device.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

7.  The applicant’s DA Form 20 lists award of the Vietnam Service Medal in item 41.  This document also shows he received credit for participation in the Vietnam Counteroffensive, Phase III and the Tet Counteroffensive in item 39 (Campaigns).  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.

8.  Review of the applicant’s service personnel records revealed that he is entitled to award of the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

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 Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971; and the Meritorious Unit Commendation for actions during the period 1 January 1968 to 30 September 1968 based on Department of the Army General Orders Number 39, dated 1970.

10.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

11.  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.  

12.  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 contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal with “V” Device.  Therefore, he is not entitled to correction of his records to show the Army Commendation Medal with “V” Device.

2.  Evidence of record shows the applicant served in Vietnam from 17 January 1968 to 11 January 1969 and received credit for participation in two campaigns during his tour.  

3.  Based on the applicant’s period of qualifying service in Vietnam, he is entitled to award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal. 

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show these awards.

5.  In view of the foregoing findings and conclusions, it would 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 the individual concerned was awarded the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

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

BOARD VOTE:  

RVO____  EJA_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028876	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000308 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.