PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 March 2001
	DOCKET NUMBER:   AR2000047504

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		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 he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period of service from
30 July 1964 to 31 March 1986.  He also requests that his DD Form 214 be corrected to show the award of the Air Medal (AM), the Army Achievement Medal (AAM) (1st Award), and the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge .

3.  The applicant states that the DD Form 214 dated 31 March 1986 issued at the time of his retirement does not show his complete military service.  Also, item 
13 (Awards) of his separation document does not show the AM, the AAM 
(1st Award), and the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge.  In support of his application he submits a copy of the authorization to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge, General Orders #3899 Headquarters, 
1st Calvary Division, that awarded him the Air Medal (AM), orders for the Army Achievement Medal (AAM) for the period 4 April 1983 to 6 May 1983, and a certificate for the AAM for the period 11 September 1981 to 23 September 1981.

4.  The applicant’s military records show that the applicant entered the Army on 30 July 1964 and through reenlistments retired in pay grade E-8 on 31 March 1986.  His awards include the Bronze Star Medal, the Army Commendation Medal (1st oak leaf cluster) the Combat Infantryman Badge, the Vietnam Service Medal with 5 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Good Conduct Medal (7th Award), and the National Defense Service Medal.

5.  The file indicates the applicant was issued four DD Forms 214 for the following periods of service: 30 July 1964 to 20 May 1966; 21 May 1966 to 1 April 1971; 2 April 1971 to 26 February 1976; and 27 February 1976 to 31 March 1986.

6.  The applicant provides a certificate that shows he was awarded the AAM for the period 11 September 1981 through 23 September 1981.  Also, he provides a Permanent Order issued by Headquarters, 4th Infantry Division, Fort Carson, Colorado that shows he was awarded the AAM for the period 4 April 1983 through 6 May 1983.  The Permanent Order is without number, a date, and a signature block.

7.  General Orders #3899 Headquarters, 1st Calvary Division, dated 8 July 1986  shows the applicant was awarded the Air Medal (AM) for the period 13 May 1967 to 29 May 1967.

8.  Correspondence dated 5 January 1969 Subject: Authorization For Individual Foreign Award, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge under the provisions of Army Regulation 672-5-1.

9.  Army Regulation 310-10 prescribes the policies and mandated operating tasks for the orders program of the military personnel system.  Chapter 2, states in effect, that orders prepared at all echelons of the Army and Reserve Components organization require a number, a date, and authentication (signature block).

10.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214.  Paragraph 1-4a, states in effect, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

11.  Army Regulation 672-5-1, in effect at the time, provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.

CONCLUSIONS:

1.  In accordance with regulatory guidance there is no provision to authorize the consolidation of DD Forms 214.  Furthermore, it is important to be able to distinguish each period of service for the purpose of determining various benefits or entitlements resulting from such service.

2.  There are no orders available to the Board which authorize award of the AAM to the applicant.  However, there is evidence of record which shows the applicant
was awarded the AAM.  Upon review, the Board has determined that this evidence is sufficient as basis for correction of his records to show this award.  Therefore, the applicant is entitled to correction of his records to show the AAM.

3.  Permanent Order for the AAM for the period 4 April 1983 to 6 May 1983 provided by the applicant is not in accordance with Army Regulation 310-10.  The order does not show a number, date, or authentication.  Therefore, the applicant is not entitled to have his records corrected to show the award of the AAM (1st oak leaf cluster).

4.  The applicant was awarded the AM on 8 July 1967.  Therefore, he is entitled to correction of his records to show this award.

5.  Under the provision of Army Regulation 672-5-1, the applicant was approved to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show this award. 

6.  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 showing in item 13 (Decorations) of the applicant’s DD Form 214 the AM, the AAM, and the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation Badge. 

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

BOARD VOTE:  

__SK____  ___EWL_  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047504	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
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.		
3.		
4.		
5.		
6.