PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 January 2001
	DOCKET NUMBER:   AR2000041679

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, 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, in effect, that his Department of Defense (DD) Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the following awards he received while in service: the 4th Oak Leaf Cluster (OLC) to his Purple Heart (PH); the Bronze Star Medal (BSM) with Valor (“V”) device; the Republic of Vietnam Campaign Medal (RVNCM) with 1960 (w/60) device; and the Army Good Conduct Medal (AGCM).  In addition, he indicates that he should be entitled to receive the Silver Star (SS). 

3.  The applicant states, in effect, that the listed awards were left off his DD Form 214 and he should have received the SS based on his being wounded five times which attests to his service above and beyond the call of duty. 

4.  The applicant’s military records show that he entered the Regular Army for three years on 5 September 1969.  He successfully completed basic training at Fort Ord, California and advanced individual training (AIT) at Fort Knox, Kentucky.  Upon completion of AIT he was awarded military occupational specialty (MOS) 11D (Scout Observer) and he was assigned overseas to Germany for his first permanent duty station.

5.  After serving in Germany for seven months the applicant was assigned to Vietnam, where he arrived for duty in September 1970, at which time he was assigned for duty to Troop C, 1st Squadron, 1st Calvary Regiment, 23rd Infantry Division.  

6.  The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) indicates in block 31 (foreign service) that he completed a tour in Vietnam on 14 September 1971.  This serves as confirmation of his participation in the Vietnam Counteroffensive, Phase VII and the Consolidation I campaigns of the Vietnam conflict. 

7.  The applicant’s Military Personnel Records Jacket (MPRJ) includes a copy of General Order (GO) Number 177, issued by the 95th Evacuation Hospital, 
APO San Francisco 96349, dated 6 July 1971, which awarded the applicant the PH (4th OLC) for wounds he received on 5 July 1971.  

8.  The MPRJ also contained orders awarding the applicant the BSM for service for the period 1 September 1970 to 31 July 1971 and the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force between 19 November 1970 and 30 November 1970.  However, neither of these awards carried with them a “V” device.  Further, the record is void of any information that would indicate that the applicant was ever recommended for the SS or that he was recognized for any one specific act of valor or heroism that rose to a level warranting consideration for such a recommendation. 

9.  On 23 February 1972, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 5 months, and 19 days of active military service.  The DD Form 214 issued to and signed by him upon his separation verified in block 24 (Decorations, Medals, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he had earned the PH, Combat Infantryman Badge, ARCOM, National Defense Service Medal, and Vietnam Campaign Medal. 

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 1-14 (Time Limitations) states, in pertinent part, that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. 

11.  Paragraph 3-18 provides the rules for processing the DA Form 638 (Award Recommendation), which is required to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations.  Table 3-3 (Delegation of Award Approval Authority-Wartime Conditions) indicates that Commanding Generals of a U.S. Army Force in the rank of General is authorized to approve the award of the SS.  During the Vietnam conflict this approval authority was delegated to field commanders in the rank of Major General by United States Army Vietnam regulation 672-1. 

12.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.

13.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his immediate commanders.

14.  Paragraph 6-5 contains guidance on the "V" device, which is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It states, in pertinent part, that the "V" device was authorized for wear on the ARCOM for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the BSM with "V" device. 

15.  Paragraph 9-19 prescribes the policy for the award of the RVNCM w/60 device.  It states, in pertinent part, that members who had served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.  

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 1-6 provides miscellaneous information on awards authorized for Vietnam service.  It states, in pertinent part, that one bronze service star (BSS) is authorized for each campaign for combat service within the territorial limits for Vietnam and adjacent waters and that these BSS will be worn on the Vietnam Service Medal.  

17.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 

18.  Table 1 (Army Units in Numerical Order) of the register contains a list of all units and the unit awards to which they are entitled and the period for which the awards were earned.  This table indicates that during the applicant’s tenure with his unit, Troop C, 1st Squadron, 1st Calvary Regiment, 23rd Infantry Division, they earned the Republic of Vietnam Gallantry Cross/with Palm (RVNGC w/palm) for service, between 1 April and 30 June 1971, as codified in DAGO 6, published in 1974. 

CONCLUSIONS:

1.  The Board noted the applicant’s contentions that he is entitled to the SS and a “V” device on his BSM but finds these claims lack merit.  However, the Board does agree with his contentions that he should receive the AGCM; that the 
60 device should be added to his RVNCM; and that his DD Form 214 should be corrected to show that he earned the PH 4th OLC and BSM.

2.  The Board further notes that the applicant has failed to exhaust his administrative remedies in pursuing his claim for the SS.  By law, he may pursue his claim to the SS by request through his  Member of Congress under the provisions of 10 USC 1130. 
3.  Orders contained in the applicant’s MPRJ confirm that he was awarded both the 4th OLC to his PH and the BSM while serving on active duty and it is most likely that they were erroneously omitted from his separation document as a result of an administrative error.  Accordingly, the Board finds that it would be in the interest of justice to correct the applicant’s DD Form 214 to include these earned awards. 

4.  The applicant’s MPRJ contains orders that confirm that he earned the 4th OLC to the PH and the BSM for service.  These awards were not included in the awards and decorations listed in the DD Form 214 issued to him at separation.  In addition, the applicable regulation makes clear that the applicant is entitled to the RVNCM/w 60 device and the current DD Form 214 entry, Vietnam Campaign Medal, should be corrected accordingly. 

5.  Further, the DD Form 214 on file verifies that the applicant completed a total of 2 years, 5 months, and 19 days of honorable active military service as of 
23 February 1972.  This satisfies the qualifying period of service criteria for the award of the AGCM.  Therefore, lacking a disqualification by any of his unit commanders and the absence of any derogatory information in the record, the Board finds the applicant was entitled to the AGCM upon his REFRAD and it would be appropriate to provide it to him at this time.  

6.  In addition, the evidence or record makes clear that the applicant is entitled to receive both the RVNCM w/60device and RVNGC w/palm.  Although these awards were authorized subsequent to his separation, the Board concludes that it would be appropriate to add them to his records at this time. 

7.  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:

	a.  by adding the PH 4th OLC and BSM to the DD Form 214 issued to the individual concerned upon his REFRAD;

	b.  by showing that he earned the AGCM for his honorable active duty service for the period 5 September 1969 to 23 February 1972; and 

	c.  by showing that he earned the RVNGC w/palm for his service with Troop C, 1st Squadron, 1st Calvary Regiment, 23rd Infantry Division, during his tour of duty in Vietnam and the RVNCM w/60device  for his Vietnam service.  

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

BOARD VOTE:  

___ao___  __bfh ___  __teo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041679	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  60	107.0014	
3.  61	107.0015	
4.  134	107.0088	
5.  102	107.0056	
6.  53	107.0007