PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          16 October 2001
	DOCKET NUMBER:  AR2001057743

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman		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) be corrected to show that he was awarded the Bronze Star Medal (BSM) with one oak leaf cluster and the Purple Heart.

3.  The applicant states that his DD Form 214 does not show all of his awards.

4.  The applicant’s military records show that he entered the Regular Army on 10 August 1967 and was trained as an infantryman.  He served in Vietnam for the period 18 February 1968 to 15 October 1968, while assigned to the 3rd Battalion, 21st Infantry, 196th Infantry Brigade and from 14 June 1970 to 30 January 1971, while assigned to 1st Battalion, 12th Cavalry, 1st Cavalry Division.  He was separated under honorable conditions on 13 June 1971 in the grade of private first class. 

5.  Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

6.  On 17 April 1968, General Order Number 2646, Headquarters Americal Division, was issued awarding the applicant the Purple Heart.

7.  On 28 January 1969, General Order Number 734, Headquarters Americal Division, was issued awarding the applicant the Army Commendation Medal (ARCOM) for the period February 1968 to February 1969.

8.  His DA Form 20, Enlisted Qualification Record, Item 41 (Awards and Decorations) reflects the following additional awards: the Combat Infantryman Badge (CIB), the BSM with “V” device, and the Sharpshooter Badge with rifle bar.

9.  Army Regulation 600-8-22 provides, in pertinent part, that one bronze star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.  The applicant was assigned during the period in which five campaigns took place.  A silver star is worn instead of five bronze service stars.

10.  The same regulation provides that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. 

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Registrar, provides, in pertinent part that the 1st Battalion, 12th Cavalry, 1st Cavalry Division was awarded the Valorous Unit Award for the period 1 May to 29 June 1970 and the Republic of Vietnam (RVN) Gallantry Cross Unit Citation with Palm for the period 17 September 1965 to 25 October 1971.  The 3rd Battalion, 21st Infantry was also awarded the RVN Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  Evidence in the form of general orders, his DD Form 214, and entries in his records provide evidence that the applicant was awarded the BSM with “V” device, the Purple Heart, the CIB, the ARCOM, and the Sharpshooter Badge with rifle bar.

2.  The governing regulation indicates that the applicant was assigned to a unit during the period it was awarded the Valorous Unit Award and the RVN Gallantry Cross Unit Citation with Palm; he is therefore, entitled to those awards.  He is also entitled to have one silver star affixed to his Vietnam Service Medal to denote the five campaigns in which he served.

3.  There is no evidence, nor does the applicant provide any, which supports his contention that he was awarded the BSM with one oak leaf cluster.  The Board considered that the applicant may have mistakenly requested the oak leaf cluster rather than the “V” device for which he is entitled.

4.  The evidence available leads the Board to conclude that the applicant served in Vietnam for the periods 18 February 1968 to 15 October 1968 and 14 June 1970 to 30 January 1971 and these periods should be reflected in his records.

5.  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.  showing that the individual concerned was awarded the BSM with “V” device, the Purple Heart, the CIB, the ARCOM, and the Sharpshooter Badge with rifle bar; 

b.  showing that he was awarded the Valorous Unit Award, the RVN Gallantry Cross Unit Citation with Palm, and one silver star affixed to his Vietnam Service Medal; and

c.  showing that he served in Vietnam for the periods 18 February 1968 to 15 October 1968 and 14 June 1970 to 30 January 1971.

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

BOARD VOTE:  

__rks_ __  ___dph___  ___rvo _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2001057743	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011016	
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.