PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 October 2001
	DOCKET NUMBER:   AR2001057617

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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, reconsideration of his request that his records be corrected to reflect a second award of an Army Commendation Medal (ARCOM), award of a Vietnam Service Medal (VSM) and an indication that he served in Indochina.  

3.  The applicant states, in effect, that in the Board’s previous decision (AR2000049899) it denied his request to have two awards of the ARCOM on his report of separation (DD Form 214) because his records showed no indication that he had received a second award.  However, he did receive it and is providing a copy of the certificate and the letter that forwarded it to him.  He also goes on to state that the Board did not give him credit for the time he spent in Vietnam from 5 to 20 July 1972, yet does not account for where he was during the period of 4 July to 19 July 1972.  He further states that the Board does not address the fact that he was assigned to a missile site in Okinawa as a generator operator when he was a military policeman.  He also states that he only wants what he is entitled to receive and expects to Board to get it right this time.

4.  The applicant’s military records show that he previously applied to the Board requesting that he be provided a report of separation showing the narrative reason for his separation, a reenlistment code, service in Indochina, two awards of the Good Conduct Medal (GCMDL), two awards of the ARCOM (ARCOM 1st OLC), the VSM, the Expert Marksmanship Badge with pistol bar, his secondary military occupational specialty (SMOS) and credit for attendance at two military courses.

5.  After reviewing the applicant’s records, the Board determined that he should be awarded the second award of the GCMDL, the National Defense Service Medal, credit for attendance at two military courses, and award of his SMOS.  The Board also found that he had been awarded one award of the ARCOM and directed that it be entered on his DD Form 214.  The Board also determined that there was no evidence in the available records to show that he was ever assigned to Vietnam or that he had received a second award of the ARCOM. 

6.  A second review of the available records (hard copy and micro-fiche) shows that on 14 June 1972, while assigned to the 978th Military Police Company, Fort Riley, Kansas, he departed for Okinawa on 14 June 1972 in a “Casual” status and arrived there on 4 July 1972.  He was assigned as a military policeman to an Air Defense Artillery unit initially and was subsequently transferred to a military police unit on 15 May 1973.  He reenlisted on 13 December 1973 for a period of 5 years and assignment to Fort Ord, California.  His DD Form 214, issued at the time of his discharge for immediate reenlistment indicates that he had no service in Vietnam, Indochina or Korea.  He departed Okinawa on 18 December 1973 and was transferred to Fort Ord, California in accordance with the terms of his contract.
7.  On 23 August 1977, the Department of the Army directed that he be reclassified, upon completion of training, to the MOS of a Ground Surveillance Radar Crewman.  He was reclassified on 14 October 1977 upon completion of his training at Fort Huachuca, Arizona and was transferred to Fort Hood, Texas.  He remained at Fort Hood until he was honorably discharged in the pay grade of E-6 on 13 December 1978.  He had served 7 years, 9 months and 17 days of total active service and was awarded the National Defense Service Medal, the GCMDL and the Expert Marksmanship Badge (Rifle).

8.  The documents provided by the applicant with his application at this time shows that he received an ARCOM at Fort Hood for the period of 18 July 1977 to 15 October 1978.  The award was forwarded to the applicant’s home after his discharge (15 December 1978).  He also provides a Certificate of Achievement for completion of a 1-week, Sure Plea Systems course on 14 January 1977 at Fort Ord.   

CONCLUSIONS:

1.  Although the Board did not have the benefit of reviewing the documents now provided by the applicant during it’s previous review of his case, the applicant has provided sufficient evidence to show that he did receive the ARCOM 1OLC and that he attended a 1-week, Sure Pleas Systems course in 1977 at Fort Ord.  Accordingly, his records should be corrected to reflect that information.

2.  However, the applicant has not shown through the evidence submitted with his application or the evidence of record that he served in Vietnam or Indochina.  His record shows specifically that he departed Fort Riley in a casual status (leave and travel time) en route to Okinawa on 14 June 1972 and that he arrived there on 4 July 1972.  Accordingly, in the absence of evidence to show otherwise, there is no basis to award him the VSM or to give him credit for service in Vietnam.

3.  The applicant’s contention that he was assigned as a generator operator to a missile site in Okinawa is also not supported by the evidence submitted or the evidence of record.  His records show that he was assigned as a military policeman, which is not unusual, because typically military policeman are assigned to such units for site security.

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 showing that the individual was awarded the ARCOM 1st OLC and that he completed a 1-week Sure Plea course at Fort Ord in 1977.

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

BOARD VOTE:  

__jrs____  ___cg___  ___ls____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057617	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.