PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 June 2000                   
	DOCKET NUMBER:   AR2000035487

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		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 Transfer or Discharge, for the period ending 17 December 1987 be corrected to show that the Republic of Vietnam Cross of Gallantry with Silver Star was an individual award.  He also requests that it be corrected to add the Army Achievement Medal (AAM), the Noncommissioned Officer’s (NCO) Academy, the Expert Demolition course, and military occupational specialties (MOSs) 13A10 and 13E40.  He requests a totally corrected DD Form 214 be reissued to include any other omissions that may be found.

3.  The applicant states that the Republic of Vietnam Cross of Gallantry with Silver Star was not a unit citation; it was an individual award.  He was awarded the AAM on 22 January 1988.

4.  The applicant’s military records show that he enlisted in the Regular Army on 21 June 1967.  He completed basic combat training and advanced individual training and was awarded MOS 13A10 (Field Artillery Basic).  He arrived in Vietnam on 11 December 1967 and was assigned to Headquarters and Headquarters Battery, 6th Battalion 77th Artillery.   

5.  The applicant was honorably discharged on 29 March 1969 and immediately reenlisted on 30 March 1969.  At this time he held MOS 13E40.  His MOS 13A10 was presumably converted to 13E40 at the time he was promoted to the NCO ranks.

6.  The applicant was awarded the Republic of Vietnam Cross of Gallantry with Silver Star on 16 April 1969.  (He was authorized to accept the award on           20 February 1972).  He departed Vietnam on or about 16 August 1969.

7.  On 31 October 1969, the applicant completed the NCO Academy course.

8.  The applicant returned to Vietnam on or about 20 February 1970 and was assigned to Headquarters and Headquarters Battery, 8th Battalion, 4th Artillery.  He departed Vietnam on or about 30 December 1970.

9.  On 7 September 1971, the applicant attended the Explosives and Demolitions Course while in Germany.  He completed the course on 24 September 1971.

10.  On 2 March 1973, the applicant was honorably discharged.  His DD Form 214, item 25 lists the NCO Academy course but not the Explosives and Demolitions Course.

11.  On 11 June 1986, the applicant enlisted in the U. S. Army Reserve.  He was ordered to active duty for training on 26 March 1987.  On 6 November 1987, he was awarded MOS 33T and MOS 13E was withdrawn, MOS action to be effective upon completion of the 33T course.  He was released from active duty on 17 December 1987.  His DD Form 214 for this period, item 11 shows his MOS as 33T20, item 13 lists the Republic of Vietnam Cross of Gallantry with Silver Star as a unit citation, and item 14 lists only the 33T, Electronic Warfare/Intercept Tactical Systems Repairer course.  

12.  On 22 January 1988, the applicant was awarded the AAM.

13.  Department of the Army Pamphlet shows that Headquarters and Headquarters Battery, 6th Battalion, 77th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm for the period May 1967 through 16 July 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period July 1968 through 1 June 1969.  It does not show that Headquarters and Headquarters Battery, 8th Battalion, 4th Artillery was awarded any unit citation during a period of time the applicant was assigned to the unit.

14.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  At the time of the applicant’s latest date of release from active duty, the regulation provided that item 13 would contain awards and decorations from all periods of service.  DD Forms 214 will not be reissued except under certain circumstances such as when it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215 or when two DD Forms 215 have been issued and an additional correction is required.

CONCLUSIONS:

1.  The applicant’s DD Form 214, item 13 for the period ending 17 December 1987 is incorrect in that it erroneously lists his Republic of Vietnam Cross of Gallantry with Silver Star as a unit citation when it is an individual decoration.  It also should list the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class even though these awards were awarded for a prior period of service.  The AAM, however, is correctly not listed on the DD Form 214 as it was not awarded until after the applicant’s period of active duty ended.  The NCO Academy and the Explosives and Demolitions Course (i. e., the “Expert Demolition course”) are properly not listed on this DD Form 214, item 14 as they were not completed during the period of service covered by the form.  Likewise, MOSs 13A10 and 13E40 are properly not listed on this DD Form 214, item 11 since as of the date of his release from active duty he did not hold either of these two MOS.

2.  The Board also concludes that the applicant’s DD Form 214 for the period ending 2 March 1973, item 25, is incorrect in that it does not list the Explosives and Demolitions Course.  Item 24 should also be corrected to add the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.

3.  The Board concludes that it is not appropriate to issue a totally new DD Form 214 to correct any of the above noted errors.

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:

     a.  amending the applicant’s DD Form 214, item 13 for the period ending      17 December 1987 to delete the Republic of Vietnam Cross of Gallantry (Unit Citation) w/Silver Star and to add the Republic of Vietnam Cross of Gallantry w/Silver Star, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class; and

     b.  amending the applicant’s DD Form 214, item 24 for the period ending        2 March 1973 to add the Republic of Vietnam Cross of Gallantry w/Silver Star, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class and item 25 to add the Explosives and Demolitions Course – Germany - 2 ½ weeks – 1971.

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

BOARD VOTE:  

__slp___  __lem___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035487	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.